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Online Banking and Transfers Outside Bank of America Service Agreement


and Electronic Disclosure
Effective Date: November 1, 2019

Online Banking and Transfers Outside Bank of America Service Agreement and Electronic Disclosure

Table of Contents: Show all topics

1. General Description of Online Banking and Transfers Outside Bank of America Service Agreement

2. Online Banking Services


3. Description of Online Banking Services (does not apply to Transfers Outside Bank of America)

4. Other Terms and Conditions


5. Additional Provisions Applicable Only to Consumer Accounts

6. Additional Provisions Applicable Only to Business Accounts


7. Additional Services Intended for Businesses

8. Transfers Outside Bank of America Services


9. BankAmeriDeals®

10. My Portfolio Service (Not available through Mobile Banking Apps or Mobile Web)
11. FICO® Score Program for Consumer Credit Card Customers

12. Erica Terms


13. Additional Services (Not available through Mobile Banking Apps or Mobile Web, unless otherwise
noted)

1. General Description of Online Banking and Transfers Outside Bank of America Service
Agreement

A. What This Agreement Covers

This Agreement between you and Bank of America, N.A (Bank of America) governs the use of Online
Banking services and the Transfers Outside Bank of America service. These services permit U.S.-based
Bank of America customers (consumers and business customers who are account owners) to perform a
number of banking functions through the use of a personal computer or, for some functions, a mobile
device (e.g., tablet or Smartphone), on accounts linked to the service, including some with our affiliates,
Merrill Lynch, Pierce, Fenner & Smith Incorporated ("MLPF&S"). Unless indicated otherwise by the context,
"linked Bank of America accounts" or "linked accounts" refers to all of your U.S.-based accounts with Bank
of America that you have linked to Online Banking or Transfers Outside Bank of America. When used in this
Agreement, the term “business” includes sole proprietors, non-consumer business entities, and individual
owners of the business, unless the context indicates otherwise.

B. Accepting the Agreement


When you use any of the Online Banking services described in this Agreement or Transfers Outside Bank of
America, or authorize others to use them, you agree to the terms and conditions of the entire Agreement.

C. Relation to Other Agreements

Your use of Online Banking services or Transfers Outside Bank of America may also be affected by a
deposit or other agreement between us for your linked Bank of America accounts. When you link an
account to Online Banking services or Transfers Outside Bank of America, you do not change the
agreements you already have with us for that account. For example, if you link a MLPF&S investment
account to Online Banking, the terms and conditions of your MLPF&S customer agreement(s) and/or user
agreement(s) do not change. Similarly, when you use Online Banking services to access a credit account,
you do so under the terms and conditions we gave you in the agreement and disclosure for the credit
account. You should review those and other Bank of America account-related agreements and fee
schedules for any applicable fees, for limitations on the number of transactions you can make, liability
rules for electronic fund transfers, and for other restrictions that might impact your use of an account with
Online Banking services or Transfers Outside Bank of America.

2. Online Banking Services

Note: If you access Online Banking or Transfers Outside Bank of America through Bank of America's
Downloadable Mobile Banking Applications ("Mobile Banking Apps"), the mobile-optimized version of the
Bank of America website ("Mobile Web"), Personal Financial Management (PFM) software, or through an
indirect service, all of the features of Online Banking or Transfers Outside Bank of America may not be
available, including, but not limited to, bill presentment. To access all of the features and services offered
by Online Banking and Transfers Outside Bank of America, sign in directly through our web site at
www.bankofamerica.com from a personal computer. Within Online Banking, you can also access optional
services such as Bill Payment. Please refer to this Agreement, your applicable account agreement or fee
schedule for information on fees for optional services.

A. Online Banking for Consumers and Businesses

You may use Online Banking to:

• Transfer funds between your linked Bank of America accounts on either a one-time or recurring
basis, including as a payment to a linked installment loan or mortgage.
• Transfer funds between linked Bank of America business accounts and linked personal accounts.
• Transfer funds from your linked Bank of America personal or small business accounts to most
Bank of America personal or small business deposit accounts.
• Transfer funds between your linked MLPF&S investment accounts and your linked Bank of America
accounts on either a one-time or recurring basis.
• View current balance information for your linked Bank of America accounts.
• Review available transactions for your linked accounts.
• Perform self-service account maintenance such as re-ordering checks, ordering copies of paid
checks, requesting copies of monthly checking or saving statements, stopping payment on
checks, changing address and phone, and changing your Online ID and Online passcode.
• Send us secure online mail messages and questions regarding your Online Banking service.
Some of the above services may not be available for certain accounts or customers, or if you access Online
Banking through Mobile Banking Apps or Mobile Web.

B. Bill Payment Services

In addition to the Online Banking features listed above, Bank of America customers with eligible deposit
accounts may also use the optional Bill Payment service.

If you are a Bank of America customer with a deposit account, you may use the Bill Payment service to:

• Make one-time or recurring payments online from your linked checking account(s) and money
market deposit account(s) to companies or individuals (Payees) you select.
• Make one-time or recurring payments online from your linked Home Equity Line of Credit
(HELOC) account(s) during the draw period to a limited group of merchants (does not apply to
HELOC accounts opened in the state of Texas).
• Add personal checking or money market account(s) that you maintain at another financial
institution through the Add an Account from Another Bank feature in the bill payment service.
Make one-time or recurring payments online from such accounts to a limited group of merchants
or Bank of America loan, credit card, charge card and/or line of credit accounts.
• Use the e-Bills feature to:
◦ Receive bills from participating Payees
◦ View Payee bill summary and bill detail information.

If you are a customer with a Bank of America credit card-only or charge card-only relationship, or with a
business line of credit-only or vehicle loan-only relationship (automotive, recreational vehicle, boat or
aircraft), you may:

• Make one time or automatic payments online from a deposit or money market deposit account
maintained at another financial institution to your Bank of America credit card(s), charge card(s),
business line of credit(s) and/or vehicle loan account(s).
• Receive credit card, charge card, business line of credit and/or vehicle loan e-Bills from Bank of
America and view bill summary and detail information.

C. Email/Mobile Transfer Network Service

In addition to the Transfer services listed in 2.A above, Email/Mobile Transfers allows you to send money
from your Bank of America personal or small business checking or savings account to another Bank of
America customer or a customer of another U.S based bank by using a recipient's email address or mobile
phone number. Another Bank of America customer or a customer of a different U.S. based bank may also
send money to your personal or small business account using your email address or mobile phone number.
Please note that there are dollar amount and other limits for these transfers that may differ from the other
Transfers services, as provided in Section 3.D below.

D. Additional Services Intended for Businesses


We offer businesses the ability to create multiple Online IDs each with the access level you designate. In
some circumstances, we also permit you to link the accounts of other businesses you own or control. See
Section 7 below for special registration procedures and applicable terms.

E. Online Banking Alerts

We provide three types of Online Banking Alerts:

1. General & Security Alerts are sent to you following important account activities or when certain
changes are made online to your Online Banking account, such as a change in your email or
home address, telephone number, Online ID or passcode, insufficient funds, or irregular card
activity. You do not need to activate these alerts. We automatically activate them for you.
Although you have the option to suppress these General & Security Alerts, we strongly
recommend that you do not do so since they provide important information related to your
online security or account activities.

2. Account Alerts, which must be activated by you.


• Account Alerts allow you to choose optional alert messages for your accounts.

• Each Account Alert has different options available, and you will be asked to select from
among these options upon activation of an Account Alert.

3. Automatic Alerts are sent to your primary email address only and provide you with important
account notifications, such as information about a money transfer or availability of an
eStatement.
• You do not have the option to suppress these Automatic Alerts.

Alerts are subject to the following:

• We may add new Alerts from time to time, or cancel old alerts. We usually notify you when we
cancel alerts, but are not obligated to do so.
• Alerts will be sent to the email address you have provided as your primary email address for
Online Banking. For General & Security and Account Alerts you can also choose to have these
sent to a secondary email address, a mobile device that accepts text messages, or a mobile
device that can receive our Mobile App Alerts through a push notification system. If your email
address or your mobile device's number changes, you are responsible for informing us of that
change. While Bank of America does not charge for the delivery of the alerts, please be advised
that text or data charges or rates may be imposed by your carrier. Your alerts will be updated to
reflect the changes that you communicate to us with regard to your primary and secondary email
addresses or mobile device number.
• We do our best to provide alerts in a timely manner with accurate information, but alerts may be
delayed or prevented by a variety of factors beyond our control (such as system failures or
misdirected delivery). We don't guarantee the delivery or accuracy of alerts. The contents of an
alert may be outdated by the time an alert is sent or received, due to other activity on your
account or to delays in sending data among various systems. You agree that we are not liable for
any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of
an alert or for any actions taken or not taken by you or a third party as the result of an alert.
• Because alerts are not encrypted, we will never include your passcode or full account number.
However, alerts may include your name and some information about your accounts. Depending
upon the type of alert, information such as your account balance, transaction information or the
due date for your credit card, charge card and/or business line of credit payment may be
included. Anyone with access to your alerts will be able to view the contents of these messages.

F. Mobile Text Alerts

1. Online Banking Alerts via Text Message

You have the option of adding a mobile phone number to your Online Banking profile. By adding a mobile
phone number to your Online Banking profile, you are certifying that you are the account holder for the
mobile phone account or have the account holder's permission to use the mobile phone number for Online
Banking. You are also consenting to receive Online Banking Alerts using auto-dialer technology and to
receiving text messages. Text message fees may apply. Text messages may be transmitted automatically.
If your mobile phone is off, out of range, or subject to a variety of other conditions, you may not receive
the message or messages may be delayed. Wireless carriers are not liable for delayed or undelivered
messages.

Message frequency varies by account and preferences. Message and Data Rates may apply. You can text
STOP to MyBofA (692632) at any time to stop the mobile alerts that you activate on the Alerts page in
Online Banking desktop. Alerts sent to your primary email address will be unaffected by this action. To
restore Alerts on your mobile phone, just visit the Alerts tab in Online Banking and click the box next to
your mobile number for the alerts you'd like to receive again. For help with SMS text alerts, send the word
HELP to 692632.

Supported Carriers:
AT&T, Sprint, Verizon Wireless, T-Mobile, Cricket, and MetroPCS

2. Fraud Alerts via Text Message

We may also send you credit card, charge card, business line of credit and/or debit card fraud text alerts
to your mobile phone number in your Online Banking profile when applicable.

Credit fraud alerts coming from 322632 will be a Free to End User (FTEU) campaign. However, data rates
may apply depending of your mobile carrier plan. You can opt out of this campaign at anytime by sending
the word STOP to 322632. Opting out of this alert will automatically stop all fraud text alerts from being
sent to you. For help with SMS, send the word HELP to 322632 or call us at 800-427-2449.

Debit fraud alerts coming from 35422 will be a Free to End User (FTEU) campaign. However, data rates
may apply depending of your mobile carrier plan. You can opt out of this campaign at anytime by sending
the word STOP to 35422. Opting out of this alert will automatically stop all fraud text alerts from being
sent to you. For help with SMS, send the word HELP to 35422 or call us at 855-926-5104.

Checking and/or money market savings account fraud alerts coming from 86006 will be a Free to End User
(FTEU) campaign. However, data rates may apply depending of your mobile carrier plan. You can opt out
of this campaign at anytime by sending the word STOP to 86006. Opting out of this alert will automatically
stop all fraud text alerts from being sent to you. For help with SMS, send the word HELP to 86006 or call
us at 800-427-2449.
Small business credit card fraud alerts coming from 96264 will be a Free to End User (FTEU) campaign.
However, data rates may apply depending of your mobile carrier plan. You can opt out of this campaign at
anytime by sending the word STOP to 96264. Opting out of this alert will automatically stop all fraud text
alerts from being sent to you. For help with SMS, send the word HELP to 96264 or call us at 800-427-
2449.

Account takeover fraud alerts coming from 56433 will be a Free to End User (FTEU) campaign. However,
data rates may apply depending of your mobile carrier plan. You can opt out of this campaign at anytime
by sending the word STOP to 56433. Opting out of this alert will automatically stop all fraud text alerts
from being sent to you. For help with SMS, send the word HELP to 56433 or call us at 800-427-2449.

Digital fingerprint fraud alerts coming from 55983 will be a Free to End User (FTEU) campaign. However,
data rates may apply depending of your mobile carrier plan. You can opt out of this campaign at anytime
by sending the word STOP to 55983. Opting out of this alert will automatically stop all fraud text alerts
from being sent to you. For help with SMS, send the word HELP to 55983 or call us at 800-427-2449.

Account Restrictions alerts coming from 85594 will be a Free to End User (FTEU) campaign. However, data
rates may apply depending on your mobile carrier plan. Message frequency will vary. You can opt out of
this campaign anytime by sending the word STOP to 85594. Opting out of this alert will automatically stop
these account restriction alerts from being sent to you. For help with SMS, send the word HELP to 85594
or call us at 800-427-2449.

For information about our privacy and security practices and a link to our U.S. Consumer Privacy Notice,
go to our Web site at https://www.bankofamerica.com/privacy.

3. Description of Online Banking Services (does not apply to Transfers Outside Bank of
America)

A. Transfers (does not apply to Email/Mobile Transfers or Transfers Outside Bank of America,
except as otherwise provided)

• Processing of Transfer Requests


◦ Transfers can be made in 2 ways, on a 1-time or recurring basis. One-time transfers
may be immediate or scheduled for a future date. The recurring transfer feature may be
used when a set amount is transferred at regular intervals. For example, a $100 transfer
from a checking to a savings account which occurs every 2 weeks.
◦ One-time immediate transfers can be made from a linked Bank of America checking,
savings, money market, line of credit, credit card, charge card, business line of credit or
brokerage account to most linked Bank of America accounts.
◦ Scheduled and recurring transfers can be made from a linked Bank of America checking,
savings, money market, credit card, charge card or business line of credit account to a
linked checking or savings account.
◦ Scheduled and recurring transfers can be made between a linked MLPF&S investment
account and a linked Bank of America checking, savings or money market account.
◦ Transfers can be made from a linked Bank of America personal or small business
checking, savings, money market or line of credit account to most personal or small
business checking, savings, or money market accounts of other Bank of America
customers. Some account types, including those with foreign addresses, cannot be set
up to receive funds.
◦ Transfers from a deposit account (excluding investment accounts) are immediately
reflected in the account's available balance. Transfers from a credit card, charge card,
business line of credit or a line of credit account are immediately reflected in the
account's available credit amount. Transfers from a MLPF&S investment account are
immediately reflected in the account's available balance.
• Scheduled and Recurring Transfers
◦ Transfers scheduled for a weekend or a non-bank business day will be processed on the
prior bank business day. All other scheduled and recurring transfers will be processed
from the funding account at the beginning of the business day requested.
• Transfers to Credit Accounts
◦ Funds transferred as a payment to a credit card, charge card, business line of credit, line
of credit, installment loan or mortgage account before 11:59 p.m. ET will be credited
with the date the payment is submitted. Transfer payments submitted after 11:59 p.m.
ET will be credited with the next day's date. Updates to account balances, funds
availability, and transaction posting may take up to 2 bank business days.
• Transfers to Deposit Accounts
◦ Funds transferred to a deposit account (excluding transfers from a credit card,
charge card or business line of credit) prior to 10:45 p.m. ET on a business day
will appear with the same day's date in the deposit account transaction history.
◦ Transfers to a Bank of America checking account or money market savings made
after 10:45 p.m. as described above on a business day but before 11:59 p.m. as
shown in the table below will be included in the balance we use to pay
transactions that night. This process may impact when fees apply to your account.
Credits can help you avoid overdrafts, returned items and related fees. However,
debits may cause you to incur overdrafts, returned items and related fees. Please
note that although these transfers are included in the balance we use to pay
transactions that night, they will appear with our next business day's date in the
deposit account transaction history.

After Business Day Cut-Off


State Where Account Was Opened
Transaction Deadline
CA 11:59 p.m. PT

AR, AZ, CO, IA, ID, IL, IN, KS, MI, MN, MO, NM,
11:59 p.m. CT
NV, OK, OR, TX, WA

CT, DC, DE, FL, GA, MA, MD, ME, NC, NH, NJ, NY,
11:59 p.m. ET
PA, RI, SC, TN, VA

◦ Please note, transfers to any deposit account on a Saturday, Sunday or bank holiday, will
appear with our next business day's date in the deposit account transaction history.
◦ All transfers submitted to a deposit account (such as checking, savings, money market)
are immediately reflected in the account's available balance.
• Transfers to or from MLPF&S Investment Accounts
◦ Transfers submitted to or from an MLPF&S investment account before the cut-off time of
4:45 p.m. ET on a bank business day are posted to your investment account on the
same day. All transfers submitted after the cut-off time or on a non bank business day
are posted to your investment account at the beginning of the next bank business day
following the day the transfer was submitted.

B. Online Banking Bill Payment Processing

Bill Pay for Checking, Money Market and Home Equity Line of Credit Accounts

Bank of America customers with a checking, money market savings or home equity line of credit (HELOC)
account may use the optional Bill Payment service in the following manner:

• Payments can be scheduled from linked checking, money market savings, and HELOC accounts
during the draw period. Note that you may not link HELOC accounts opened in Texas.
• Payments can be scheduled from a checking, money market savings or other consumer asset
account maintained at another financial institution that you have added through the bill payment
service. You certify that any account you add through the bill payment service is an account from
which you are authorized to make payments, and any payment you make using the bill payment
service will debit an account that you are legally authorized to use. When you add an account
maintained at another financial institution, you do not change the agreements you have with that
financial institution for that account. You should review those agreements for any applicable fees,
for limitations on the number of transactions you can make, and for other restrictions that might
limit your use of the account with the Bill Payment service.
• Payments can be entered as a 1-time transaction up to a year in advance, recurring transactions
or as payments that are automatically scheduled upon the receipt of an electronic bill (e-Bill).
• Payments (other than payments to a Bank of America credit card account, charge card or
business line of credit) entered on our system before 5:00 p.m. ET on a bank business day will be
scheduled and begin processing on the same bank business day. Payments that are entered after
this cut-off time or on a day that is a non-bank business day will be scheduled and processed the
next bank business day.
• Scheduled recurring payments that fall on a weekend or a non-bank business day will be
processed on the prior bank business day.
• You authorize us to make payments in the manner we select from the following methods:
◦ Electronic transmission. Most payments are made by electronic transmission.
◦ Corporate check- This is a check drawn on our account or the account of our vendor. If a
Payee on a corporate check fails to negotiate the check within 90 days, we will stop
payment on the check and re-credit your account for the amount of the payment. If a
corporate check is returned to you prior to the end of the 90 day period, please inform
us immediately so that we can stop payment on the check and re-credit your account.
◦ Personal check – This is a check drawn on your account based on your authorization
under this Agreement.
• All payments under the Bill Payment service that are sent care of APO/FPO or similar addresses
will be sent by corporate or personal check. Because all such payments will be made by check,
they will not be Remittance Transfers (as defined in section 8 of this Agreement (Transfers
Outside Bank of America Services).
• Scheduling Bill Payments
◦ The scheduled delivery date is the date you enter for the payment to be delivered to the
Payee. For payments made by electronic transmission or corporate check, the payment
amount will be debited from, or charged to the account that you designate on the
scheduled delivery date. If the scheduled delivery date is a weekend or non-bank
business day, then the delivery date will be the prior bank business day. For payments
made by personal check, the account you designate will be debited when the check is
presented to us for payment which may occur before, on or after the scheduled delivery
date.
◦ For payments to a Bank of America loan, line of credit, or mortgage, Bank of America
will process and credit the payment to the appropriate account effective the same
business day, provided the payment is scheduled prior to the 5:00 p.m. ET cut-off.
◦ For payments to Bank of America Gold Option and Gold Reserve accounts, Bank of
America will process and credit the payment to the appropriate account effective the
same day, provided the payment is scheduled prior to the 11:59 p.m. ET cut-off.

When you attempt to schedule a payment, we will inform you of the earliest available delivery date. To
assure timely payment and obtain the full benefit of the Online Banking Guarantee, you must schedule
payments and your account must be in good standing at least four (4) bank business days before the
payment due date. If you do not, or if for any reason your account is not in good standing, you will be fully
responsible for all late fees, interest charges or other action taken by the Payee. Under our Online Banking
Guarantee, if we fail to process a payment in accordance with your properly completed instructions, we will
reimburse you for any late-payment-related fees. If we are unable to complete the payment because of
insufficient funds in your account or some other reason, we will send you an alert to the email address you
have provided with this Agreement. We will also notify you if your account is no longer in good standing
and eligible to be used for bill payments. As indicated above, some payments may be made by a personal
check. Since we can't predict the exact date that a personal check will be presented to us for payment,
please make sure you have sufficient funds in your account beginning a few days before your scheduled
delivery date and keep such funds available until the payment is deducted from your account.

Bill Pay for Credit Card, Charge Card, Business Line of Credit or Vehicle Loan (automotive, recreational
vehicle, boat or aircraft) Only Customers

Bank of America credit card, charge card, business line of credit or vehicle loan account only customers
may use the optional Bill Payment service in the following manner:

• Payments to your Bank of America credit card, charge card, business line of credit or vehicle loan
account can be scheduled from a checking, money market savings or other consumer asset
account maintained at another financial institution that you have added through the bill payment
service. You certify that any account you add through the bill payment service is an account from
which you are authorized to make payments, and any payment you make using the bill payment
service will debit an account that you are legally authorized to use. When you add an account
maintained at another financial institution, you do not change the agreements you have with that
financial institution for that account. You should review those agreements for any applicable fees,
for limitations on the number of transactions you can make, and for other restrictions that might
limit your use of the account with the Bill Payment service.
• Payments can be entered as a 1-time transaction up to a year in advance, or as payments that
are automatically scheduled upon the receipt of an electronic bill (e-Bill).
• Payments to your credit card, charge card and/or business line of credit account entered on our
system before 11:59 p.m. ET will be applied on the same day. Payments entered after this cut-off
will be scheduled and processed on the next day. For all entries, the time is recorded on our
computer controls. The payment date will be pre-populated with the current day prior to the
11:59 p.m. ET cutoff time.
• Payments to your vehicle loan entered on our system before 3:30 p.m. ET on a bank business
day will be applied on the same day. Payments entered after this cut-off will be scheduled and
processed on the next bank business day. For all entries, the time is recorded on our computer
controls. The payment date will be pre-populated with the current bank business day prior to the
3:30 p.m. ET cutoff time.
• If the financial institution upon which your payment is drawn rejects, refuses, or returns the
payment, the payment to your Bank of America credit card, charge card, business line of credit or
vehicle loan will be reversed and you may incur late payment or other fees. The institution
holding your deposit account may impose a returned item or other fee. See your credit card,
charge card, business line of credit, vehicle loan and deposit account agreements for details.

C. Email/Mobile Transfer Network Service

1. Description of Service

We have partnered with the Zelle® Network (“Zelle”) to enable a convenient way to transfer money
between you and others who are enrolled directly with Zelle or enrolled with another financial institution
that partners with Zelle (each, a “User”) using aliases, such as email addresses or mobile phone numbers
(the “Service”). We will refer to financial institutions that have partnered with Zelle as “Network Banks.”

Zelle provides no deposit account or other financial services. Zelle neither transfers nor moves money. You
may not establish a financial account with Zelle of any kind. All money will be transmitted by a Network
Bank.

THE SERVICE IS INTENDED TO SEND MONEY TO FRIENDS, FAMILY AND OTHERS YOU TRUST. YOU
SHOULD NOT USE THE SERVICE TO SEND MONEY TO RECIPIENTS WITH WHOM YOU ARE NOT FAMILIAR
OR YOU DO NOT TRUST.

2. Eligibility and User Profile

When you enroll to use the Service or when you permit others to whom you have delegated to act on your
behalf to use or access the Service, you agree to the terms and conditions of this Agreement. You
represent that you have the authority to authorize debits and credits to the enrolled bank account. You
agree that you will not use the Service to send money to anyone to whom you are obligated for tax
payments, payments made pursuant to court orders (including court-ordered amounts for alimony or child
support), fines, payments to loan sharks, gambling debts or payments otherwise prohibited by law, and
you agree that you will not use the Service to request money from anyone for any such payments.
The Service allows you to send or receive money using your consumer or small business deposit account.
We reserve the right to suspend or terminate your use of the Service if we believe, in our sole discretion,
that you are using the Service for other purposes, or if we believe you are using the Service in a manner
that exposes Bank of America or Zelle to liability, reputational harm or brand damage, including but not
limited to using the Service to request, send or receive money related to any of the following:

• Pharmaceuticals and other controlled substances;


• Illegal drugs;
• Drug paraphernalia;
• Firearms, ammunition or other weapons;
• Sexually oriented activities or materials;
• Pornography;
• Obscene or offensive activities or materials;
• Materials or activities that promote intolerance, violence or hate;
• Ponzi or pyramid schemes;
• Illegal gambling, gaming, lotteries or sweepstakes;
• Traveler’s checks, money orders, equities, annuities, or currencies, including digital currencies,
such as bitcoins;
• Counterfeit materials;
• Infringement on the copyright, patent, trademark, trade secret or other intellectual property rights
of Zelle, a Network Financial Institution, another User or any other third party;
• Terrorist funding;
• Fraud;
• Scams;
• Money laundering; or
• Any other illegal activity or unlawful purpose.
We may determine other eligibility criteria in our sole discretion.

3. Enrolling for the Service

a. You must provide us with an email address that you regularly use and intend to use regularly (i.e. no
disposable email addresses) and/or a permanent U.S. mobile phone number that you intend to use for an
extended period of time (i.e. no “burner” numbers).

You may not enroll in the Service with a landline phone number, Google Voice number, or Voice over
Internet Protocol.

b. Once enrolled, you may:

i. authorize a debit of your account to send money to another User either at your initiation or at the
request of that User; and

ii. receive money from another User either at that User’s initiation or at your request, subject to the
conditions of the Section below titled “Requesting Money.”

c. If at any time while you are enrolled, you do not send or receive money using the Service for a period of
18 consecutive months, we may contact you and/or take other steps to confirm that the U.S. mobile phone
number or email address that you enrolled still belongs to you. If we are unable to confirm that you are
the owner of the mobile phone number or email address, then you understand that we may cancel your
enrollment and you will not be able to send or receive money with the Service until you enroll again.

4. Consent to Emails and Automated Text Messages.

By participating as a User, you represent that you are the owner of the email address, mobile phone
number, and/or other alias you enrolled, or that you have the delegated legal authority to act on behalf of
the owner of such email address, mobile phone number and/or other alias to send or receive money as
described in this Agreement. You consent to the receipt of emails or text messages from us, from Zelle,
from other Users that are sending you money or requesting money from you, and from other Network
Banks or their agents regarding the Services or related transfers between Network Banks and you. You
agree that we may, Zelle may or our agents may use automatic telephone dialing systems in connection
with text messages sent to any mobile phone number you enroll. You further acknowledge and agree:

a. You are responsible for any fees or other charges that your wireless carrier may charge for any related
data, text or other message services, including without limitation for short message service. Please check
your mobile service agreement for details or applicable fees.

b. You will immediately notify us if any email address or mobile phone number you have enrolled is (i)
surrendered by you, or (ii) changed by you.

c. In the case of any messages that you may send through either us or Zelle or that we may send or Zelle
may send on your behalf to an email address or mobile phone number, you represent that you have
obtained the consent of the recipient of such emails or automated text messages to send such emails or
text messages to the recipient. You understand and agree that any emails or text messages that we send
or that Zelle sends on your behalf may include your name.

d. Your wireless carrier is not liable for any delay or failure to deliver any message sent to or from us or
Zelle, including messages that you may send through us or through Zelle or that we may send or Zelle
may send on your behalf.

e. To cancel text messaging from us, text STOP to 53849. For help or information regarding text
messaging, text HELP to 53849 or contact our customer service at 800.432.1000 for consumer accounts
and 1.866.758.5972 for small business accounts. You expressly consent to receipt of a text message to
confirm your “STOP” request.

f. Supported Carriers: AT&T, Sprint, Boost, Verizon Wireless, U.S. Cellular, T-Mobile, Cincinnati Bell, Virgin
Mobile USA, Cellular South, Centennial and Ntelos.

g. Transfer instructions relating to external accounts and the transmission and issuance of data related to
such instructions shall be received pursuant to the terms of this Agreement and the rules of the National
Automated Clearing House Association ("NACHA") and the applicable automated clearing house ("Regional
ACH") (collectively, the "Rules") and you and we agree to be bound by such Rules as in effect from time to
time. In accordance with such Rules, any credit to an account shall be provisional until such credit has
been finally settled by us or the third party institution which holds the account.

5. Receiving Money; Money Transfers by Network Banks

Once a User initiates a transfer of money to your email address or mobile phone number enrolled with the
Service, you have no ability to stop the transfer. By using the Service, you agree and authorize us to
initiate credit entries to the bank account you have enrolled.
Most transfers of money to you from other Users will occur within minutes. There may be other
circumstances when the payment may take longer. For example, in order to protect you, us, Zelle and the
other Network Banks, we may need or Zelle may need additional time to verify your identity or the identity
of the person sending the money. We may also delay or block the transfer to prevent fraud or to meet our
regulatory obligations. If we delay or block a payment that you have initiated through a request for
money, we will notify you by email.

If you are receiving a payment from a business or government agency, your payment will be delivered in
accordance with both this Agreement and the procedures of the business or government agency that is
sending you the payment.

6. Sending Money; Debits by Network Banks

You may send money to another User at your initiation or in response to that User’s request for money.
You understand that use of this Service by you shall at all times be subject to (i) this Agreement, and (ii)
your express authorization at the time of the transaction for us or another Network Bank to initiate a debit
entry to your bank account. You understand that when you send the payment, you will have no ability to
stop it. You may only cancel a payment if the person to whom you sent the money has not yet enrolled in
the Service. If the person you sent money to has already enrolled with Zelle, either in the Zelle mobile
app or with a Network Bank, the money is sent directly to their bank account (except as otherwise
provided below) and may not be canceled or revoked.

In most cases, when you are sending money, the transfer will occur in minutes; however, there are
circumstances when the payment may take longer. For example, in order to protect you, us, Zelle and the
other Network Banks, we may need additional time to verify your identity or the identity of the person
receiving the money. If you are sending money to someone who has not enrolled as a User with either
Zelle or a Network Bank, the transfer may take up to two (2) business days from the day the intended
recipient responds to the payment notification by enrolling as a User. During this period, and in any other
circumstance when we need additional time to verify the transfer details, a hold will be placed on your
account for the amount of the transfer. You understand and acknowledge that a person to whom you are
sending money and who is not registered as a User may fail to register with Zelle, or otherwise ignore the
payment notification, and the transfer may not occur. If the person to whom you are sending money does
not enroll, set up an email address or mobile number and accept the transfer within 14 days, the transfer
will be cancelled.

The money may also be delayed or the transfer may be blocked to prevent fraud or comply with regulatory
requirements. We will notify you by email if we delay or block a payment that you have initiated using the
Service.

We have no control over the actions of other Users, other Network Banks or other financial institutions that
could delay or prevent your money from being delivered to the intended User.

7. Liability.

Except as otherwise provided in this Agreement, neither we nor Zelle shall have liability to you for any
transfers of money under the Service, including without limitation, (i) any failure, through no fault of us or
Zelle to complete a transaction in the correct amount, or (ii) any related losses or damages. Neither we
nor Zelle shall be liable for any typos or keystroke errors that you may make when using the Service.

THE SERVICE IS INTENDED FOR SENDING MONEY TO FAMILY, FRIENDS AND OTHERS WHOM YOU TRUST.
YOU SHOULD NOT USE ZELLE TO SEND MONEY TO RECIPIENTS WITH WHOM YOU ARE NOT FAMILIAR
OR YOU DO NOT TRUST. NEITHER WE NOR ZELLE OFFER A PROTECTION PROGRAM FOR AUTHORIZED
PAYMENTS MADE THROUGH THE SERVICE (FOR EXAMPLE, IF YOU DO NOT RECEIVE THE GOODS OR
SERVICES THAT YOU PAID FOR, OR THE GOODS OR SERVICES THAT YOU RECEIVED ARE DAMAGED OR
ARE OTHERWISE NOT WHAT YOU EXPECTED).

8. Requesting Money

You may request money from another User. You understand and acknowledge that Users to whom you
send payment requests may reject or ignore your request. Neither we nor Zelle guarantee that you will
receive money from other Users by sending a payment request. If a User ignores your request, we may
decide or Zelle may decide, in our sole discretion, that we will not send a reminder or repeat request to
that User.

By accepting this Agreement, you agree that you are not engaging in the business of debt collection by
attempting to use the Service to request money for the payment or collection of an overdue or delinquent
debt; to request money that is owed to another person; or to collect any amounts that are owed pursuant
to a court order. You agree to indemnify, defend and hold harmless us, Zelle, their owners, directors,
officers agents and Network Banks from and against all claims, losses, expenses, damages and costs
(including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and
reasonable attorneys fees, resulting from or arising out of any request for money that you send that is
related to overdue or delinquent amounts.

You agree to receive money requests from other Users, and to only send requests for legitimate and lawful
purposes. Requests for money are solely between the sender and recipient and are not reviewed or
verified by us or by Zelle. Neither we nor Zelle assume responsibility for the accuracy or legality of such
requests and do not act as a debt collector on your behalf or on behalf of the sender of a request for
money.

We reserve the right, but assume no obligation, to terminate your ability to send requests for money in
general, or to specific recipients, if we deem such requests to be potentially unlawful, abusive, offensive or
unwelcome by the recipient.

9. Fees

There is no fee for sending or receiving a transfer under the Service.

10. Disclaimer of Warranties

EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, NEITHER WE NOR ZELLE
MAKES ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
WITH RESPECT TO THE SERVICE. WE AND ZELLE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND,
EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-
INFRINGEMENT, WITH REGARD TO THE SERVICE DESCRIBED OR PROVIDED. NEITHER WE NOR ZELLE
WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT
DEFECTS WILL BE CORRECTED. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS.

11. Limitation of Liability

EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL WE
OR ZELLE, THEIR OWNERS, DIRECTORS, OFFICERS, AGENTS OR NETWORK BANKS BE LIABLE FOR ANY
DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION
CONDUCTED THROUGH OR FACILITATED BY THE SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES DESCRIBED OR PROVIDED, (III)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (IV) ANY OTHER
MATTER RELATING TO THE SERVICES DESCRIBED OR PROVIDED, EVEN IF WE OR ZELLE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICE OR
WITH THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE SERVICE.

IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR


INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF US OR ZELLE, ITS OWNERS, DIRECTORS,
OFFICERS AND AGENTS OR THE NETWORK BANKS LIABILITY IN THOSE STATES IS LIMITED AND
WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT,
EXCEED ONE HUNDRED DOLLARS ($100.00).

12. Indemnification

You acknowledge and agree that you are personally responsible for your conduct while using the Service,
and except as otherwise provided in this Agreement, you agree to indemnify, defend and hold harmless us,
Zelle, their owners, directors, officers, agents and Network Banks from and against all claims, losses,
expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary
and indirect damages), and reasonable attorney's fees, resulting from or arising out of your use, misuse,
errors, or inability to use the Service, or any violation by you of the terms of this Agreement.

13. Privacy and Information Security

For information about our privacy and security practices and a link to our U.S. Consumer Privacy Notice,
go to our Web site at https://www.bankofamerica.com/privacy.

Zelle and the Zelle related marks are wholly owned by Early Warning Services, LLC and are used herein
under license.

D. Limitations and Dollar Amounts for Transfers and Payments (does not apply to Transfers
Outside Bank of America)

Transfers and Payments made using Online Banking are subject to the following limitations:

• Bill payments can be for any amount between $0.01 and $99,999.99.
• One-time immediate transfers between linked Bank of America accounts can be for any amount
between $0.01 and $9,999,999.99.
• One-time immediate transfers from a linked Bank of America account to a linked MLPF&S
investment account may not exceed $9,999,999.99. Additional dollar limitations and verifications
may apply. Please contact your financial advisor if you have questions on a particular transfer
transaction.
• One-time immediate transfers from a linked MLPF&S investment account to a linked Bank of
America account may not exceed $25,000. Additional dollar limitations and verifications may
apply. Please contact your financial advisor if you have questions on a particular transfer
transaction.
• Transfers submitted to the accounts of other Bank of America customers may not total more than
$1,000 during any 24-hour period or $2,500 during any 7-day period for personal accounts. If
you are a U.S. Trust or Merrill Lynch Wealth Management client you may have higher limits for
this type of transfer. Please contact your advisor for more information on your limits. If you are a
small business customer, you may also have higher limits for this type of transfer. In addition, for
all customers, we may limit the total amount of money that any Bank of America customer can
receive through these transfers.
• Scheduled and recurring transfers between linked Bank of America accounts can be for any
amount between $0.01 and $9,999,999.99.
• Scheduled and recurring transfers between a linked MLPF&S investment account and a linked
Bank of America account can be for any amount between $0.01 and $9,999,999.99. Additional
dollar limitations may apply. Please contact your financial advisor if you have questions on a
scheduled or recurring transfer transaction.
• Consumers participating in the Email/Mobile Transfer Network Service may send up to 10
transfers with an aggregate dollar limit of $3,000 during any 24-hour period, up to 30 transfers
with an aggregate dollar limit of $10,000 in any 7-day period and up to 60 transfers with an
aggregate dollar amount of $20,000 in any 30-day period. If you are a U.S. Trust or Merrill Lynch
Wealth Management client, you may have higher limits for this type of transfer. Please contact
your advisor for more information on your limits. If you view your account in Bank of America's
Online Banking or Mobile Banking App using a small business online ID, you may send up to 10
transfers with an aggregate dollar limit of $5,000 during any 24-hour period, up to 30 transfers
with an aggregate dollar limit of $15,000 in any 7-day period and up to 60 transfers with an
aggregate dollar amount of $20,000 in any 30-day period.
• The minimum transfer amount under the Email/Mobile Transfer Service is $1.00.
• All transfer limits are subject to temporary reductions to protect the security of customer
accounts and/or the transfer system.
• At our discretion we may refuse to process any transaction that exceeds any of the above limits.
In this case, you are responsible for making alternate arrangements or rescheduling the payment
or transfer within Online Banking.

E. Transfer/Payment Authorization and Sufficient Available Funds

• You authorize Bank of America to withdraw, debit or charge the necessary funds from your
designated account in order to complete all of your designated transfers and payments.
• You agree that you will instruct us to make a withdrawal only when a sufficient balance is or will
be available in your accounts at the time of the withdrawal.
• The completion of a transfer or payment is subject to the availability of sufficient funds (including
any overdraft protection plans) at the time the transaction is posted. If enough funds to complete
the transfer or payment are not available, we may either (i) complete the transaction and
overdraw the account or (ii) refuse to complete the transaction. In either case, except for Bank of
America Advantage SafeBalance Banking® accounts, we may charge a non-sufficient funds (NSF),
returned item, overdraft, or similar fee. Transfers from Bank of America Advantage SafeBalance
Banking® accounts to other Bank of America accounts will not be completed if there are not
sufficient funds on the date of the scheduled transfer. Please refer to the applicable account
agreement and fee schedule for details. If you schedule a payment from an account maintained
at another financial institution and there are insufficient funds in that account, you may be
charged a fee by that financial institution.
• At our option, we may make a further attempt to issue the payment or process the transfer
request.
• Bank of America is under no obligation to inform you if it does not complete a payment or
transfer because there are non-sufficient funds or credit in your account to process the
transaction. In this case, you are responsible for making alternate arrangements or rescheduling
the payment or transfer within Online Banking.

F. Canceling Transfers and Payments (does not apply to Transfers Outside Bank of America)

• Bill Payments
◦ In order to cancel a payment (including a payment you scheduled from an account
maintained at another financial institution), you must sign into Online Banking and
follow the directions provided on the Bill Pay screens. The cancel feature is found in the
Payment History or Recurring Payments sections of Online Banking.
◦ Future-dated payments can be cancelled prior to 5 p.m. ET on the scheduled send on
date.
• Transfers
◦ A 1-time immediate transfer to another Bank of America customer using the recipient's
account number cannot be cancelled after it has been submitted in Online Banking. A
transfer submitted through the Email/Mobile Transfer Network Service may not be
cancelled once the recipient has registered.
◦ Future-dated and recurring transfers can be canceled prior to midnight ET on the bank
business day prior to the date the transfer is scheduled to be made. If the transfer's
status is In Process or Processed, you can no longer cancel it. After you cancel a future-
dated transfer, the status changes to Canceled. Canceled transfers remain under Review
Transfers.

Alternative Method

Note: The easiest and most convenient way to cancel a payment or transfer is through the method
described above. However, you may request to cancel a scheduled or recurring payment or a future-dated
transfer by calling us at 800.432.1000 for consumer accounts and 1866.758.5972 for small business
accounts. If you are calling from outside of the continental U.S., call us collect at 1.925.681.7600.

We must receive your request three (3) bank business days or more before the payment or transfer is
scheduled for processing. If you call, we may also require you to put your request in writing and get it to
us within 14 days after you call. If you call or write to cancel a payment or transfer that is pending, you
will be charged for a stop payment in accordance with the agreement for the appropriate linked account.

G. Our Liability for Failure to Cancel or Stop the Transfer or Payment

If you attempt to cancel a payment or transfer in accordance with the above instructions and we do not do
so, we will be liable for your losses or damages.
H. E-Bills

E-Bills is a feature of the Bill Pay service that enables you to receive bills electronically from participating
Payees

• Approval of e-Bills
Participating Payees establish their own criteria for reviewing requests to receive e-Bills and have
sole discretion to accept or decline your request. We do not participate in this decision.
Participating Payees generally take up to five (5) bank business days to approve an e-Bill set-up
request.
• Accessing e-Bills from a Third Party
In some cases we obtain the e-Bill from the web site of the Payee. To do so, we will ask you for
information needed for this purpose, such as any required password. When you provide this
information, you authorize us to access the third party web site to retrieve the account
information on your behalf, and you appoint us your agent for this limited purpose.
• Timely Delivery of e-Bills
We take no responsibility if a Payee does not provide the necessary data to forward an e-Bill in a
timely manner. If you do not receive a bill, it is your responsibility to contact the Payee directly.
We are not responsible for any late charges or other adverse consequences. Any questions
regarding your bill details should be directed to your Payee.
• Stop e-Bills
All parties have the right to cancel the service at any time. We will notify you if Bank of America
or a Payee discontinues/stops e-Bills. If you request that an e-Bill be discontinued, we require
seven (7) bank business days for the Payee to receive and process the request.
• Privacy
When you request e-Bills from a participating Payee, you will provide certain information that will
be forwarded onto the Payee to complete your enrollment. If you have concerns about the future
use of this information you should contact your Payee directly.
• Introductory e-Bill Opportunity
You understand and agree that selected Payees may provide e-Bills to you through Bill Pay for up
to three months in order to introduce you to the convenience of online bill payment. We will
notify you in advance of such introductory opportunities. Bank of America does not have access
to and does not store detailed billing information contained in the e-Bill. Only you will have access
to the detailed bill information. If at any time you choose not to participate in this introductory e-
Bill opportunity, you have the following options:
◦ You can discontinue a specific e-Bill by signing into Online Banking and choosing to edit
it. Select “cancel the e-Bill trial”, confirm your cancellation and the e-Bill trial will end.
◦ To be removed from future e-Bill trial enrollments, please e-mail customer care at
optoutebill@customercenter.net . Please make sure to include the email address that you
use for online banking messaging in your response to us.

If you wish to continue to receive the e-Bills after the introductory period, please follow the instructions at
the e-Bills page of Online Banking.
I. Accounts Linked to Your Online Banking Services (does not apply to Transfers Outside Bank
of America)

When you first set up your Online ID, we will link all of your eligible Bank of America accounts. If you open
an additional eligible account at a later date, we will link your new account to Online Banking, unless you
instruct us not to do so. If you want to limit the accounts linked or the activity level assigned to an
account, please call us at 800.432.1000 and a representative will discuss the available options with you.
For businesses, see also Section 7.B.

J. Activity Levels for Linked Accounts

Currently there are 3 activity levels that can be assigned to your linked accounts:

• View - This level allows you to obtain current account balance and transaction information. This
level does not allow transfer of funds between linked accounts. However, for linked investment
accounts, you may be able to perform investment activities (including trading) by linking directly
to the investment site.
• Inquiry - This level allows you to obtain current account balance and transaction information. This
level does not allow transfers of funds from this account to any linked accounts.
• Financial - This level allows you to obtain account information and transfer funds between linked
accounts, as well as to add Bill Pay services, and certain other banking services.

When you first use Online Banking, all of your linked accounts are assigned the activity level of "financial."
If any additional accounts are linked to Online Banking, it will automatically be assigned to the activity
level of "financial." If you want to change the activity level assigned to your linked accounts, please call us
at 800.432.1000. If you are calling from outside of the continental U.S., call us collect at:
1.925.681.7600. For businesses, see also Section 7.A.

4. Other Terms and Conditions

A. Monthly Service Charge

Except as otherwise provided in this Agreement or your applicable account agreements and schedule of
fees, there is no monthly service charge for accessing your linked accounts with the Online Banking
service.
Note: For Personal Financial Management programs (such as QuickBooks®) using Online Banking with Bill
Pay service through QuickBooks® Direct Connect - There is a $15.00 charge for Business customers who
have the Online Business Services Account Management product. The fee is waived for business customers
if you are a Business Advantage checking customer.

B. Other Charges

In addition to the fees already described in this Agreement, you should note that depending on how you
access Online Banking or Transfers Outside Bank of America, you might incur charges for:

• Normal account fees and service charges.


• Any Internet service provider fees.
• Any wireless carrier fees.
• Purchase of computer programs such as Personal Financial Management (PFM) software.
• Payments or transfers made through Online Banking services from a savings or money market
account may result in an excess transaction fee. See your savings or money market account for
details. Additionally, fees may be assessed for added self-service features available through
Online Banking Help & Support, such as stop payment requests, check copy orders and account
statement copy orders. For additional information, please see the applicable Deposit Agreement.
• An NSF-fee, returned item, overdraft or similar fee may also apply if you schedule payments or
transfers and your available balance is not sufficient to process the transaction on the date
scheduled or, in the case of a personal check, on the date when the check is presented to us for
payment.

Please see Section 8 for additional fees for Transfers Outside Bank of America.

C. Service Hours

Online Banking services and Transfers Outside Bank of America are available 365 days a year and 24 hours
a day, except during system maintenance and upgrades. When this occurs, a message will be displayed
on-line when you sign on to Online Banking. Our Call Centers are available Monday through Friday from
7:00 a.m. to 10:00 p.m., and Saturday and Sunday from 8:00 a.m. to 5:00 p.m. local time, excluding
bank holidays. You may also write us at:

Bank of America
FL1-300-02-07
P.O. Box 25118
Tampa, FL 33622-5118

D. Business Days

For Online Banking services and Transfers Outside Bank of America, our business days are Monday through
Friday, excluding bank holidays. For investment accounts only, all stock exchange closures and holidays
will be observed (such as Good Friday) as well as the bank holidays.

E. Participation By Payees

Occasionally a Payee may choose not to participate in Bill Pay, or may require additional information before
accepting payments. We will work with these Payees to encourage them to accept an electronic or check
payment from the Bank. If we are unsuccessful, or if we determine that the Payee cannot process
payments in a timely manner, we may decline future payments to this Payee. In the unlikely event that
this occurs, we will promptly send you a notice. Any obligations that you wish to pay through Online
Banking with Bill Pay must be payable in U.S. dollars to a Payee located in the United States. We reserve
the right to restrict categories of Payees to whom payments may be made using the service. You should
not use the service to make:

• Tax payments
• Court-ordered payments
• Payments to settle securities transactions

F. Canceling Your Online Banking

If you choose to cancel your Online Banking services, any unprocessed payments will be canceled. We
recommend that you cancel any scheduled payments prior to notifying us that you are discontinuing the
service. Bank of America will cancel any scheduled payments within two (2) bank business days from the
date we receive your request to discontinue the service. If you close your primary checking account, or if
it's no longer linked to your service, any unprocessed payments will be canceled. If you cancel your Online
Banking services, Transfers Outside Bank of America will also be canceled. Your Online Banking services
will also end if you close all accounts linked to your Online Banking profile.

G. Joint Accounts

When your Online Banking service is linked to one or more joint accounts, we may act on the verbal,
written or electronic instructions of any authorized signer. Joint accounts using the same Online ID will be
identified as one service.

H. Changes to Agreement

We may add, delete or change the terms of this Agreement at any time. We will inform you of changes
when legally required and will try to inform you of the nature of any material changes even when not
legally required to do so. We may communicate changes by either mail, email or a notice on our website
and will make the updated terms available on our website. You agree that by continuing to use the
services after the date that changes are posted to our website, such changes will be effective for
transactions made after that date, whether or not you access the website or otherwise receive actual
notice of the changes. If you do not agree with a change, you may discontinue using the services.

I. Cancellation

Your Online Banking services and Transfers Outside Bank of America remain in effect until they are
terminated by you or Bank of America. You may cancel your service at any time by notifying us of your
intent to cancel in writing, through Online Banking secure mail, or by calling Online Banking customer
service at 800.432.1000. This cancellation applies to your Online Banking services and Transfers Outside
Bank of America, and does not terminate your Bank of America accounts. We recommend that you cancel
any scheduled payments prior to notifying us that you are discontinuing the service.
We may terminate your participation in Online Banking services for any reason, including inactivity, at any
time. We will try to notify you in advance, but we are not obliged to do so.

J. Use of External Email Address

With Online Banking services and Transfers Outside Bank of America, we may send messages to your
external email address and notify you that responses to your payment inquiries or customer service
inquiries are available, or as otherwise described within the Online Banking or Transfers Outside Bank of
America services. If you subscribe to e-Bills service, we may also use external email to notify you that you
have new bills. We cannot act on instructions sent by you from an external email address. You should use
Online Banking secure mail to send instructions to Bank of America. If, for any reason your external email
address changes or becomes disabled, please contact Bank of America immediately so that we can
continue to provide you with automated messages. Because we may also use external email to send
important notices about service and privacy changes, we require that every Online Banking customer
provide us with a valid and current external email address. You are responsible for providing us with a
valid email address and you may notify us of any changes to your external email address through the Help
& Support tab within your Online Banking service.

K. Transfers From Money Market Deposit Accounts

Federal regulations and the Deposit Agreement impose limits on the number of certain types of
withdrawals and transfers you can make each month from a savings and money market deposit account.
You can make no more than a total of six (6) automatic or preauthorized transfers, telephone transfers,
Online Banking transfers or payments, or if checks and debit cards are allowed on the account, check,
draft and point of sale transactions from a savings or money market deposit account each monthly
statement cycle (each month for savings accounts with a quarterly statement cycle). If you exceed these
limits on more than an occasional basis, we convert your account to another type of account and your
account may no longer earn interest.

Each transfer or payment through the Online Banking services from your savings or money market deposit
account is counted as one of the six limited transfers you are permitted each statement period. We
recommend that you not use a savings or money market deposit account as your bill payment account
because of these limits on transfers. Please review the deposit agreement for your account for more
information.

L. Contact by Bank of America or Affiliated Parties

No Bank of America or Payee employee, nor any company affiliated with Bank of America Online Banking
or Transfers Outside Bank of America, will contact you via email or phone requesting your Online ID or
online passcode. If you are contacted by anyone requesting this information, please contact us
immediately.

M. Reporting Unauthorized Transactions

For reporting unauthorized transactions, please call us at 800.432.1000 for consumer accounts and
1.866.758.5972 for small business accounts.

If you are calling from outside of the continental U.S., please call us collect at 1.925.681.7600

You may also write us at:

Bank of America
FL1-300-02-07
P.O. Box 25118
Tampa, FL 33622-5118

N. Initiating Payment Inquiries

To initiate a payment inquiry, you may use Online Banking services to send the request via secure online
mail. Or you may contact Online Banking Customer Service by calling 800.432.1000 for consumer
accounts and 1.866.758.5972 for small business accounts and following the voice prompts to speak to a
customer service representative. If you are calling from outside of the continental U.S., call us collect at
1.925.681.7600.

O. Disclosure of Account Information

We may disclose information to third parties about you or your transactions in the following instances:

• When it's necessary for completing transfers or bill payments, or to investigate or resolve a
problem related to a transfer or payment
• To verify the existence and condition of your account for a third party, such as a credit bureau or
merchant
• To comply with a government agency or court orders, or in connection with fraud prevention or an
investigation
• If you give us your permission
• With our affiliates as permitted under Federal and applicable state laws
• On a closed account, if we reasonably believe you have mishandled it

We or Zelle, may use information on file with your wireless operator to further verify your identity and to
protect against or prevent actual or potential fraud or unauthorized use of our services. By using our
services, you authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other
branded wireless operator) to use your mobile number, name, address, email, network status, customer
type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status
details, if available, where provided in accordance with your mobile operator's privacy policy, to allow
verification of your identity and to compare information you have provided to us or to Zelle with your
wireless operator account profile information for the duration of our business relationship.

For more information about our privacy and security practices and a link to our U.S. Consumer Privacy
Notice go to our Web site at https://www.bankofamerica.com/privacy. For more information about Zelle’s
privacy policy and security practices, go to their Web site at https://www.zellepay.com/privacy-policy

P. Account Statements and Documents

1. Account Statements and Transaction Details

For deposit accounts, we report your Online Banking and Transfers Outside Bank of America transactions
on the monthly or periodic statements for your linked accounts. A description of each transaction,
including whom you paid, and the date and amount of the transaction will appear on your statement.

In Online Banking, the account statements and documents (including notices) for your eligible checking,
savings, money market, credit card, charge card, business line of credit, mortgage and loan accounts are
shown within the statements and documents area of your account details page. Note: Online statements
and documents are available for viewing using the Mobile Banking App, but are not available through
Mobile Web.
2. Enrollment in Paperless Account Statements and Documents

As part of Online Banking enrollment, all Online Banking customers must consent to the Online Banking
Electronic Communications Disclosure (“eCommunications Disclosure”). The eCommunications Disclosure
allows us to provide this Agreement and certain Online Banking communications electronically. In
addition, the eCommunications Disclosure provides important information about paperless delivery if you
choose to replace certain mailed account statements and documents with paperless (online-only)
statements and documents. For more details, please review the eCommunications Disclosure by visiting
the paperless settings page in Online Banking.

On the paperless settings page in Online Banking, you can choose paperless delivery for all statements
and documents at the account level, or for some eligible accounts, at the document group level. As new
document types are added to Online Banking for your chosen paperless account or document group, you
will automatically receive those new document types online instead of by mail without needing to make an
additional paperless choice. At times, we may, in our sole discretion, mail you a paper copy of certain
statements and documents even if you have chosen paperless delivery. Note: Tax statements for eligible
accounts require a separate consent process for paperless delivery.

When a statement or document is delivered online, we send an email to alert you that it is available for
viewing in Online Banking. You must have a valid email address to receive these alerts. Paperless
statements and documents are generally provided in PDF or HTML format. In order to view, print or save
copies of your account statements and documents, you will need to ensure that the computer or device
you are using meets the hardware and software requirements specified by the eCommunications
Disclosure.

3. Managing your Paperless Delivery Settings

You can switch your paperless account statements and documents back to mail delivery at any time by
visiting the paperless settings page in Online Banking. It may take up to two months for your revised
delivery settings to take effect. Setting your paperless delivery preferences may not be available for all
accounts, products or services. See the paperless settings page for more details on the eligible accounts
with paperless options, the documents that are currently available to view online, and how to manage your
document delivery preferences. We may, in our sole discretion, add to, modify or delete any of the
features we provide within our paperless statements and documents service.

Q. One-Time Text Messaging Authorization Codes and Links

You may have the option to verify your identity and conduct certain transactions electronically through our
Bank of America automated telephone system, Financial Centers or Contact Centers using your mobile
device. To help facilitate the electronic transaction, you may receive a text message containing a one-time
authorization code or a link at the mobile number you provide. By providing a mobile number you (1)
certify that you are the account holder for the mobile phone account or have the account holder's
permission to use the mobile phone number, and (2) consent to receive this one-time text message to
conduct this transaction.

This text message may be sent using auto-dialer technology. You will not be sent additional texts or other
messages unless you affirmatively request to receive another code or link. Message and Data Rates may
apply.

If you need help with this text message transaction, reply to the text with the word HELP or call us at
800.432.1000. If your mobile phone is off, out of range, or subject to a variety of other conditions, you
may not receive the message or messages may be delayed. Wireless carriers are not liable for delayed or
undelivered messages.

5. Additional Provisions Applicable Only to Consumer Accounts

A. In Case of Errors or Questions About Your Electronic Transactions

Send us a secure online mail message or call us at 800.432.1000

If you are calling from outside of the continental U.S., call us collect at 1.925.681.7600

You may also write us at:

Bank of America
FL1-300-02-07
P.O. Box 25118
Tampa, FL 33622-5118

Contact us immediately if you think:

• Your statement or transaction record is wrong


• You need more information about a transaction listed on your statement
• An unauthorized person has discovered your Online Banking passcode
• Someone has transferred or may transfer money from your account without your permission
• Bill payment transactions have been made without your authorization

We must hear from you no later than 60 days after we have sent the FIRST statement on which the
problem or error appeared (or 90 days if the problem or error relates to a bill payment from an account
maintained at another financial institution).
If you tell us verbally, we may require you to send us your complaint or question in writing or via email
within ten (10) bank business days (Online Banking customers may use secure online mail). When you
contact us, please provide the following information:

• Your name and account number


• The date and dollar amount of the transaction in question
• The name of the Payee if the transaction in question is a payment
• The transaction number assigned by Online Banking, if available
• A description of the transaction about which you are unsure

Please explain as clearly as you can why you believe there is an error or why you need more information.

We will tell you the results of our investigation within 10 bank business days after we hear from you, and
we will promptly correct any error we have made. If we need more time, however, we may take up to 45
days to investigate your complaint or question. In this case, we will provisionally credit your account within
10 bank business days for the amount you think is in error, so that you have the use of the money during
the time it takes us to complete our investigation. If we ask you to put your complaint or question in
writing, and we do not receive your letter in 10 bank business days, we reserve the right not to
provisionally credit your account.

If we conclude there was no error, we will send you a written explanation within three (3) bank business
days after we complete our investigation. You may request copies of the documents that we used in our
investigation.

B. Limitation of Liability for Online Banking Transactions

Tell us at once if you believe your Online Banking passcode has been compromised or if someone has
transferred or may transfer money from your account without your permission. The best way to minimize
your loss is to call us immediately. The unauthorized use of your Online Banking services could cause you
to lose all of your money in your accounts, plus any amount available under your overdraft protection plan.

You will have no liability for unauthorized transactions if you notify us within 60 days after the statement
showing the transaction has been mailed to you (or 90 days if the transaction was from an account
maintained at another financial institution). If you do not, you may not get back any of the money you lost
from any unauthorized transaction that occurs after the close of the 60-day period (or 90 day period if the
transaction was from an account maintained at another financial institution), if we can show that we could
have stopped the transaction if you had notified us in time. If a good reason (such as a long trip or
hospital stay) kept you from telling us, we may extend the time periods.

When you give someone your Online Banking ID and passcode, you are authorizing that person to use
your service, and you are responsible for all transactions that person performs while using your service. All
transactions that person performs, even those transactions you did not intend or want performed, are
authorized transactions.

Transactions that you or someone acting with you initiates with fraudulent intent are also authorized
transactions.

For your protection, sign off after every Online Banking session and close your browser to ensure
confidentiality.

Note: These liability rules are established by Regulation E, which implements the federal Electronic Fund
Transfer Act and does not apply to business accounts. Our liability policy regarding unauthorized debit card
or ATM Card transactions, and unauthorized Online Banking transactions on consumer deposit accounts
may give you more protection, provided you report the transactions promptly. Please see the agreement
you received with your ATM or debit card and the Online Banking agreement. Also, the state law applicable
to your account may give you more time to report an unauthorized transaction or may give you more
protection. For example, in Massachusetts, the two day and 60 day time limits for reporting unauthorized
transactions do not apply and the $500 limit does not apply.

C. Our Liability for Failure to Complete Transactions

If we do not complete a transaction to or from your account on time, or in the correct amount according to
our Agreement with you, we will be liable for your losses or damages. However, there are some
exceptions. For instance, we will not be liable:

• If, through no fault of ours, you don't have enough available funds in your account (or available
funds under your overdraft protection plan), or credit to cover the transaction or transfer
• If Online Banking services weren't working properly, and you knew about the malfunction when
you started the transaction or transfer
• If circumstances beyond our control (such as fire or flood) prevented the transaction or transfer,
despite reasonable precautions we've taken
• If there are postal delays or processing delays by the Payee
• There may be other exceptions not specifically mentioned

D. Our Liability for Transfers Outside Bank of America

For the provisions governing our liability for Same-Business Day Outbound transfers and International
transfers through our Transfers Outside Bank of America Service, please see Section 8.G below. Our
liability for Three-Business Day domestic transfers and Next Business Day domestic transfers involving a
transfer to or from a Bank of America consumer account is as prescribed in this section.

6. Additional Provisions Applicable Only to Business Accounts

A. Protecting Passcodes

You agree that we may send notices and other communications, including passcode confirmations, to the
current address shown in our records, whether or not that address includes a designation for delivery to
the attention of any particular individual. You further agree that Bank of America will not be responsible or
liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your
place of business. You agree to: 1) keep your passcode secure and strictly confidential, providing it only to
authorized signers on your account(s); 2) instruct each person to whom you give your passcode that he or
she is not to disclose it to any unauthorized person; and 3) immediately notify us and select a new
passcode if you believe your passcode may have become known to an unauthorized person. Bank of
America will have no liability to you for any unauthorized payment or transfer made using your
passcode that occurs before you have notified us of possible unauthorized use and we have had
a reasonable opportunity to act on that notice. We may suspend or cancel your passcode even
without receiving such notice from you, if we suspect your passcode is being used in an unauthorized or
fraudulent manner. For businesses who use the additional services described in Section 7, this section
applies to all Online Banking passcodes, including those assigned to users or Administrators. You are
responsible for all transactions performed by you and any designated user(s), including Administrator(s),
whether you specifically authorize the transactions or not. If you notify us that the person is no longer
authorized, then only transactions that person performs after the time you notify us are considered
unauthorized.

B. Acknowledgment of Commercially Reasonable Security Procedures

By using Online Banking, you acknowledge and agree that this Agreement sets forth security procedures
for electronic banking transactions that are commercially reasonable. You agree to be bound by
instructions, whether authorized or unauthorized, which we implement in compliance with these
procedures, unless you have given us prior notice of possible unauthorized use as described above (and
we had a reasonable opportunity to act on such notice).

C. Limitation of Bank's Liability (does not apply to Transfers Outside Bank of America or Direct
Payments Service)
If we fail or delay in making a payment or transfer pursuant to your instructions, or if we make a payment
or transfer in an erroneous amount that is less than the amount per your instructions, unless otherwise
required by law, our liability shall be limited to interest on the amount that we failed to timely pay or
transfer, calculated from the date on which the payment or transfer was to be made until the date it was
actually made or you canceled the instructions. We may pay such interest either to you or the intended
recipient of the payment or transfer, but in no event will we be liable to both parties, and our payment to
either party will fully discharge any obligation to the other. If we make a payment or transfer in an
erroneous amount that exceeds the amount per your instructions, or if we permit an unauthorized
payment or transfer after we have had a reasonable time to act on a notice from you of possible
unauthorized use as described above, unless otherwise required by law, our liability will be limited to a
refund of the amount erroneously paid or transferred, plus interest thereon from the date of the payment
or transfer to the date of the refund, but in no event to exceed 60 days' interest. If we become liable to
you for interest compensation under this Agreement or applicable law, such interest shall be calculated
based on the average federal funds rate at the Federal Reserve Bank in the district where Bank of America
is headquartered for each day interest is due, computed on the basis of a 360-day year. Unless
otherwise required by law, in no event will Bank of America be liable to you for special, indirect
or consequential damages including, without limitation, lost profits or attorney's fees, even if
we are advised in advance of the possibility of such damages.

For the provisions governing our liability for Transfers Outside Bank of America, please see Section 8.G
below. For the provisions governing our liability for Direct Payments Service, please see Section 4.G of the
Online Business Services Addendum.
Please note that if you give or make reasonably available, your PIN or other access device or code to
anyone, you may be liable for any use made of such until you advise us that such person is not authorized
to use them.

7. Additional Services Intended for Businesses

The additional services described in this Section 7 are available only if you also enroll in the Online
Business Services or if you are a payroll customer. Some customers have been provided continued access
to these services without enrolling in the Online Business Services. We have notified you separately if you
qualified for this limited exception.

A. Creating and Managing Users

You may authorize other users and control their scope of activities by designating user levels, access
levels, and account settings.

You may add additional users to your Online Banking profile and provide each with a separate Online ID
and passcode. You may designate the user level either as, “user” (also sometimes referred to as sub-user)
or “Administrator.” An Administrator is a user who is able to create additional users and to edit and monitor
other users. An Administrator is not eligible to enroll in other online business services or grant levels of
access to other users that have not been granted to the Administrator. For each user, you can designate
which account(s) the user will have access to. You may also place limits on the types of transactions for
each account the user is granted access to.

For each account linked to your Online Banking profile, except for personal investment accounts, you can
designate each user’s access level and account settings.
Access Level (also sometimes referred to as Activity Level) means either Transactional Access, View Access
or No Access.

You agree that users have Transactional Access, unless otherwise specified by you or an Administrator. You
agree that by granting Transactional Access (also sometimes referred to as financial access or full access)
to an account you will be allowing a user to transfer funds, make payments, perform account maintenance,
and view account balances and activity on the account, subject to the selected account or general service
settings.

View Access (also sometimes referred to as inquiry access or basic access) allows a user to only view
account balances and activity, subject to the selected account or general service settings.

Account settings are levels of access and transactional limits that you and/or an Administrator may select
for each user. In addition to specifying Transactional, View, or No Access for a user of an account, you can
also specify certain other account settings, including transaction limitations as provided on our web site.
You may also designate certain “general service settings,” which are global settings that may affect more
than one account. These include Full Access Bill Pay, Payroll Services, Direct Payments, and Express
Invoicing.

There are additional controls available for the Bill Pay option. If you select to enable Full Access Bill Pay for
a user, that user will automatically have Transactional Access to all the accounts that you have set up for
Bill Pay, and the user will be able to pay bills using the Bill Pay feature and set up new payees. You may,
however, designate limited access for a user of Bill pay, which will permit the user to have transactional
access for specific accounts and existing payees only. For the Bill Pay functionality, you may limit a user to
use only certain specified accounts. For users of the Payroll, Direct Payments and Express Invoicing, only
Transaction Access is available.

In addition to designating general service settings, you can also provide additional account settings on
certain eligible accounts, such as allowing a user to view statements, view check images or make transfers
for the selected accounts. Any user to whom you have given transfer ability will be able to see the last
name and last 4 digits of account number for all transfer recipients created by you, an Administrator or
any other user, even those that the user did not initiate.

If you no longer are a person authorized on the signature card for each linked account to designate signers
for each such account, the business has the obligation to inform Business Online Banking of the new
individual or individuals with such authority. Such notice must be given separately from any other notices
given to other Bank of America departments or banking centers, by calling us at 800.432.1000. You may
also write us at:

Bank of America
FL1-300-02-07
P.O. Box 25118
Tampa, FL 33622-5118

You are responsible for (and we will have no liability to you for) any unauthorized payments, transfers or
other transactions performed on any account linked to this service that are made by a designated user or
Administrator using the Passcodes you or an Administrator assign, and that occur before you have notified
us of possible unauthorized use and we have had a reasonable opportunity to act on that notice.

B. Linking Accounts of Additional Businesses and Personal Accounts


If you also are authorized to enter into an Agreement for the Business Online Banking service for another
business, and if you want to link the accounts of the other business to the accounts covered by this
Agreement, you will need to agree separately to this Agreement for each other business. Upon doing so,
you may link the accounts of the businesses so that you may elect, at your risk and that of the businesses,
but not of the Bank, to use a common Online ID and passcode for Business Online Banking for all linked
accounts. You should do this only if you are authorized to link the accounts of the different business and to
use all the functions of Business Online Banking for each business. You further agree to inform Bank of
America if your authority over any linked account decreases. Bank of America is not liable if your authority
over any account decreases until it is informed of the change in authority using the "Notice" requirements
of this Agreement.

You may also link an eligible Bank of America personal account to the accounts covered by this Agreement.
You may link eligible accounts only if you are the named owner of the business account and the personal
account. If you link personal accounts to your business accounts, you agree and understand that users and
Administrators will be able to view and/or perform transactions with linked personal accounts, subject to
the selected account or general service settings described in Section 7.A. above.

You further agree to inform Bank of America if your authority over any linked account decreases. Bank of
America is not liable if your authority over any account decreases until it is informed of the change in
authority using the "Notice" requirements of this Agreement.

C. Contacting Bank of America

For general questions, to request cancellation of payments and transfers, or to report unauthorized
transactions please call us at 800.432.1000. Business Online Banking Customer Service is available from
7:00 a.m. to 10:00 p.m. local time, seven (7) days a week, excluding bank holidays. You may also write
us at:

Bank of America
FL1-300-02-07
P.O. Box 25118
Tampa, FL 33622-5118

D. Business Payroll Services

For payroll customers who have accepted the Intuit terms and conditions on or after May 31,
2013, the following terms and conditions in subsection 7.D apply to your Online Banking
Agreement with us:

1. Self Service or Full Service

Bank of America has arranged for a third-party provider, Intuit Inc., to furnish optional web-based payroll
processing services (the “Payroll Service”) to our online business customers. You can choose a self-service
product (Intuit® Online Payroll) that permits you to perform your own payroll, or you can choose a full
service version (Intuit Full Service Payroll®) where Intuit will perform your payroll for you.

This is a summary of current terms of the Intuit Payroll Services for business customers enrolling in and/or
navigating to the Payroll Service through Bank of America Small Business Online Banking:
Intuit® Online Payroll: Intuit Online Payroll® offers two service levels, Basic and Enhanced. Enhanced
service provides state and multi-state tax service and direct deposit to banks other than Bank of America.
Monthly fees: Basic service is $20/month and Enhanced service is $36/month. With Basic, you will receive
a $20 discount in any month you pay all your employees (includes contractors) by direct deposit to Bank
of America accounts. For both Enhanced and Basic, if you pay more than 20 employees, but not all are
paid by direct deposits to Bank of America accounts, an additional monthly fee of $2 will be charged for
each employee over the first 20. The monthly payroll service fees are waived during the first 3 months of
enrollment. Intuit guarantees the accuracy of its payroll tax calculations, based on the information you
provide and subject to the terms of your agreement with Intuit. If Intuit causes a calculation error, Intuit
will pay the tax penalty incurred as a result of a calculation error.

Intuit Full Service Payroll®: Monthly fees: $99/month, plus $2 for each employee (includes contractor).
Intuit guarantees the accuracy of the payroll tax calculations, tax filings, and any paychecks Intuit
prepares for you, based on the information you provide and subject to the terms of your agreement with
Intuit. If Intuit causes a service error, Intuit will pay the tax penalty, pay the resulting bank fees, and
waive the next month’s service fee.

Both Intuit® Online Payroll® and Intuit Full Service Payroll: Additional multi-state payroll processing fees
($12/state/month for IOP and $10/state/month for IFSP) will apply for every state in which you have
employees (or contractors), other than your primary business state location. Monthly service fees,
including multi-state fees, apply each month in which you are enrolled, whether or not you use the
service. Additional fees for exception processing and other special services may apply. Pricing does not
include applicable taxes. You must have an open Bank of America business checking account to be eligible
to access the payroll service through Bank of America Online Banking. The maximum number of active
employees and contractors being paid cannot exceed 150.

Intuit® Online Payroll and Intuit Full Service Payroll® are products of Intuit Inc. You must go to the Intuit
Website to enroll in and use the payroll product. Bank of America is not responsible for the product or the
performance of Intuit Inc. Intuit and the Intuit Logo are registered trademarks of Intuit Inc., used under
license.

Terms, conditions, features, availability, pricing, fees, service and support options are subject
to change. The actual terms and conditions of your Payroll Service are in the service agreement
you execute with Intuit, Inc. Bank of America makes no representation or warranty concerning
the accuracy or continuance of any of the these terms, whether shown in this agreement, on
the Bank of America website, or on any other Bank of America communication.

2. Enrollment and Navigation.

You must navigate to the Intuit website to enroll and to use the Payroll Services. You will be subject to the
Intuit terms and conditions, privacy, and security agreements and policies. Intuit may decline to initiate
the Payroll Service for you or any of your employees in its sole discretion. The Payroll Services are not
Bank of America services or products, and Bank of America is not responsible for the Payroll Services or
the performance of Intuit.

We provide a link from your Bank of America Small Business Online Banking session for you to access your
Payroll Service on the Intuit Web Site, which you are permitted to use if you maintain a Bank of America
business checking account. This will enable you to simultaneously work in both sessions as permitted by
the applicable service agreements; however, there will be no download or transfer of your account
information or data from the Bank of America website to the Intuit website except as described herein.
When you navigate from the Bank of America site to the Intuit web site you hereby authorize us to
transmit to Intuit the necessary identification and security information concerning you and your authorized
users. You acknowledge that Bank of America may market its products and services to your employees
whose information we have received from you in order for us to facilitate access to the Payroll Service.

3. Disclaimer of Warranties.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BANK OF AMERICA AND ITS AGENTS,
LICENSORS, DISTRIBUTORS, ADVERTISERS, DEALERS AND SUPPLIERS, EXCEPT FOR INTUIT, INC.,
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PAYROLL SERVICE AND ITS
RELATED MATERIALS, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, THEIR QUALITY, THEIR
MERCHANTABILITY, OR THEIR NON-INFRINGEMENT. BANK OF AMERICA DOES NOT WARRANT THAT THE
SERVICE IS COMPLETELY SECURE OR IS FREE FROM BUGS, INTERRUPTIONS, ERRORS, OR OTHER
PROGRAM LIMITATIONS. BANK OF AMERICA DOES NOT WARRANT THAT THE WEB SITE, OR THE SERVER
THAT MAKES IT AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT
BANK OF AMERICA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR
CORRECTION OF PROBLEMS CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO
YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 60 DAYS FROM THE
DATE OF PURCHASE OF THE SERVICE. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM
STATE TO STATE.

4. Limitation of Liability.

THIS LIMITATION OF LIABILITY SUPERSEDES THE LIABILITY LIMITATION SECTION OF THE ONLINE
BANKING AGREEMENT (6.C.) ONLY WITH RESPECT TO THE PAYROLL SERVICE. THE ENTIRE LIABILITY OF
BANK OF AMERICA AND ITS AGENTS, LICENSORS, DISTRIBUTORS, ADVERTISERS, DEALERS AND
SUPPLIERS, EXCEPT FOR INTUIT, INC., FOR ANY REASON SHALL BE LIMITED TO THE AGGREGATE
AMOUNT OF SERVICE FEES PAID BY YOU TO BANK OF AMERICA DURING THE TWELVE (12) MONTHS
IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM ACCRUED. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, BANK OF AMERICA AND ITS LICENSORS, DISTRIBUTORS,
ADVERTISERS, DEALERS AND SUPPLIERS, EXCEPT FOR INTUIT, INC., ARE NOT LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS,
LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH
OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF SUCH
PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET
FORTH IN THIS ADDENDUM IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. BANK OF AMERICA
AND ITS AGENTS, LICENSORS, DISTRIBUTORS, ADVERTISERS, DEALERS AND SUPPLIERS, EXCEPT FOR
INTUIT, INC., ARE NOT LIABLE FOR ANY LOSS, ERASURE OR CORRUPTION OF OR UNAUTHORIZED
ACCESS TO ANY DATA OR OTHER INFORMATION TRANSMITTED, PROCESSED OR STORED VIA THE
SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU.

You acknowledge that if an employee of yours is paid by check through the Payroll Service, and the
employee does not have a deposit account with Bank of America, the employee may be charged a fee to
cash that check at a Bank of America location. You further acknowledge that some states require an
employer to provide its employees with the means to obtain the full value of their paychecks. You agree
that compliance with any such requirement is your responsibility and not the responsibility of Bank of
America or Intuit, and you indemnify and hold harmless Bank of America and Intuit for any claim asserting
a violation of such requirement.

The limitations of damages and liability set forth in this Section are fundamental elements of the basis of
the bargain between Bank of America and you. You acknowledge and agree that Bank of America would
not be able to provide your access to the Payroll Service on an economic basis without such limitations.

8. Transfers Outside Bank of America Services

Transfers sent outside of the United States that are initiated by consumers primarily for personal, family or
household purposes ("Remittance Transfers"), are governed by federal law (see section 8.H below). This
Agreement governs not only Remittance Transfers, but also certain other transfers that are sent outside of
Bank of America as described in section 8.A below. Your rights and obligations with respect to Remittance
Transfers may vary in certain ways from the terms and conditions applicable to other types of transfers.
Your rights with respect to Remittance Transfers, including error resolution and cancellation rights, will be
explained to you at the time you initiate each Remittance Transfer and are also contained in Section 8.H
below.

For transfers other than Remittance Transfers, including general questions, requests for cancellation of
payments and transfers, or to report unauthorized transactions, please call us at 800.432.1000, available
Monday through Friday from 7:00 a.m. to 10:00 p.m., and Saturday and Sunday from 8:00 a.m. to 5:00
p.m., local time. From outside of the continental U.S., call us collect at 1.925.681.7600.

You may also write us at:


Bank of America
FL1-300-02-07
P.O. Box 25118
Tampa, FL 33622-5118

For Remittance Transfers, please see the contact information in Section 8.H. below.

A. Transfers Outside Bank of America for Online Banking Customers

• You must be enrolled in Online Banking to use the Transfers Outside Bank of America Service.
• Within Online Banking, you have the option of participating in the Transfers Outside Bank of
America Service which allows you to transfer funds between your linked personal deposit
accounts at Bank of America and certain deposit or investment accounts owned by you or
someone else at other financial institutions using an account number and financial institution
identifier. An inbound transfer moves funds into an account you own at Bank of America from an
account you own outside Bank of America. You may also be eligible to make one-time or recurring
payments from such accounts, including those maintained at another financial institution, to your
Bank of America loan, credit card, or line of credit account.
• An outbound transfer moves funds from an account you own at Bank of America to an account
outside Bank of America that is owned by you or someone else.
• Small business customers may transfer funds from their business checking account to an
individual's or vendor's account at another financial institution. Before scheduling a transfer to an
individual, you agree that you will have received a signed authorization from the payee, and that
the authorization will not have been revoked. You agree to provide a copy of the authorization to
us upon our request. Before scheduling any vendor payment, you agree that you will have
received authorization from the vendor to make the payment by electronic means.
• You will need to provide certain identifying information about each non-Bank of America account
in order to register that account for this service. For inbound transfers, you agree that you will
only attempt to register non-Bank of America personal accounts that you own or for which you
have the authority to transfer funds. Delivery speeds for domestic (U.S.) transfers are 3-
Business-Day, Next-Business-Day or Same-Business-Day transfers. Same-Business-Day transfers
are not available for inbound transfers. Transfers to accounts located outside the United States
are available for outbound transfers only and are subject to the delivery times indicated below.
Next-Business-Day and Three-Business-Day transfers are not available for international transfers.
Please see below for a more detailed description of these transfers.
• Types of domestic (U.S.) outbound transfers:
◦ Three-Business-Day transfers: Funds will be debited from your Bank of America account
on the business day you direct us to initiate processing of the transfer, and typically will
be credited to the receiving account on the third business day after the transfer is
initiated.
◦ Next-Business-Day transfers: Funds will be debited from your Bank of America account
on the business day you direct us to initiate processing of the transfer, and typically will
be credited to the receiving account on the next business day after the transfer is
initiated.
◦ Same-Business-Day transfers: Funds will be debited from your Bank of America account
on the business day you direct us to initiate processing of the transfer and typically will
be credited to the receiving account on the same business day.
• Types of domestic (U.S.) inbound transfers:
◦ Three-Business-Day transfers: Funds typically will be debited from your account outside
Bank of America on the business day or next business day after you direct us to initiate
processing of the transfer, and will be credited to your Bank of America personal account
on the third business day after the transfer is initiated.
◦ Next-Business-Day transfers: Funds typically will be debited from your account outside
Bank of America on the business day or next business day after you direct us to initiate
processing of the transfer, and will be credited to your Bank of America personal account
on the next business day after the transfer is initiated.
• Types of international outbound transfers:
◦ For all international outbound transfers, funds will be debited from your Bank of America
account on the business day you direct us to initiate processing of the transfer. Bank of
America will send the payment out on that business day and, except for Remittance
Transfers, the beneficiary’s bank typically receives the funds 1 to 2 business days later
and the funds typically will be credited to the beneficiary within 2 days.
◦ Special rules apply to Remittance Transfers, including, but not limited to, disclosures,
cancellation and refund rights and error resolution rights. See Section 8.H below for
details.
• Some of the above services may not be available for certain accounts, customers, or if you access
Online Banking through Mobile Banking Apps or Mobile Web.
• Bank of America cannot guarantee the timely delivery or return of funds as a result of the failure
of another financial institution to act in a timely manner. Please note that beneficiary banks
located in some countries may take several days or even weeks to credit the receiving account.
There may be some risk in making a transfer to a slow-to-pay country. Currency conversion
charges also may apply to international outbound transfers. Bank of America will trace your
transfer if the recipient has not received it in 3 weeks. A $25 fee will be charged for each transfer
trace.
• You agree that you will have sufficient available funds in the designated deposit account to cover
all outbound transfers on the date scheduled. If a Bank of America Advantage SafeBalance
Banking® account does not have sufficient funds available on the scheduled transfer date, the
transfer will not be made. For other deposit accounts, if the account does not have sufficient
available funds on the scheduled date, we may elect not to initiate one or more of the transfers.
If we do elect to initiate the transfer, it may cause an overdraft in your account in which case you
shall be liable for the overdraft and any overdraft fees and interest thereon, as set forth in your
Deposit Agreement. If we do elect to initiate the transfer, you agree to pay all related fees as
disclosed in your Deposit Agreement.
• You agree that Bank of America may use any means or routes which we in our sole discretion
consider suitable to execute your transfer. Bank of America hereby gives notice that Same-
Business-Day domestic transfers and international outbound transfers may be executed through
Fedwire, a funds transfer system operated by the Federal Reserve Banks, through CHIPS
(Clearing House Interbank Payments System), a funds transfer system operated by The Clearing
House or through SWIFT (Society for Worldwide Interbank Financial Telecommunication). With
respect to payment orders relating to the transfer which are executed through Fedwire, Federal
Reserve Regulation J and all applicable Federal Reserve operating rules shall govern the payment
orders. With respect to payment orders relating to the transfer which are executed through
CHIPS, the CHIPS Operating Rules shall govern the payment orders. With respect to payment
orders relating to the transfer which are executed through SWIFT, the SWIFT operating rules shall
govern the payment orders. However, with respect to Remittance Transfers, to the extent of any
inconsistencies between the above referenced rules and the provisions of the EFTA, the provisions
of EFTA shall prevail. Notwithstanding anything to the contrary contained herein, the rights and
obligations that apply to Remittance Transfers are set forth in the EFTA and, as applicable, as set
forth in New York law. Three-Business-Day transfers and Next-Business-Day transfers may be
made through the Automated Clearing House processor selected by us or directly to another
bank, and you agree will be subject to the National Automated Clearing House Association rules
or our agreement with the other bank, in effect at such time, as applicable.

B. Initiating and Scheduling transfers

• Cut-off Time: The cut-off time for 3-Business-Day transfers and Next-Business Day transfers is
8:00 p.m. ET on a business day. The cut-off time for Same-Business-Day domestic transfers and
international outbound transfers is 5:00 p.m. ET on a business day. Any transfer initiated after
the applicable cut-off time will be considered as being initiated on the next business day.
• Domestic inbound or outbound transfers can be scheduled on either an immediate, 1-time future-
dated or a recurring basis. Processing of 1-time domestic transfers may be initiated immediately
or scheduled for initiation on a future date. International outbound transfers may only be initiated
for immediate transfer. Recurring transfers may be scheduled for up to 1 year in advance for
domestic (U.S.) transfers only. The recurring transfer feature may be used when a set amount is
transferred at regular intervals. For example, you may schedule a $100 transfer from an account
you own at another financial institution to your Bank of America checking account every 2 weeks.
• In addition to choosing the delivery speed, as described above, for domestic transfers you will be
asked to pick the date that you want us to initiate the processing of the transfer. For example, if
you direct us to initiate processing an outbound transfer immediately and choose Next Business
Day delivery, funds will be debited from your Bank of America account on the business day you
schedule the transfer and typically will be credited to the receiving account on the next business
day after the transfer is initiated.
• 1-time future-dated or recurring transfers scheduled for a weekend or a non business day will be
processed on the prior business day.

C. Cancelling Transfers

• Except for Remittance Transfers, you can cancel 1-time future-dated and recurring domestic
transfers prior to midnight ET on the date processing for the transfer is scheduled to be initiated
by accessing the Transfers page and selecting To/From my accounts at other banks or To
someone else or business within Online Banking. This is the preferred method for cancelling
transfers. After you cancel a future-dated transfer, the status changes to Canceled.
• Please see Section 8.H for the cancellation procedures applicable to Remittance Transfers.
• Except for Remittance Transfers, if you direct us to begin processing a transfer immediately or a
transfer's status is In Process or Processed, you no longer have the right to cancel it. However,
the Bank at its option, may attempt to cancel the transaction, subject to the limitations in Section
8.G below.
• Alternative Method: The easiest and most convenient way to cancel a transfer is through the
method described above. However, you also may request to cancel a 1-time future-dated or
recurring domestic transfer by calling us at 800.432.1000. From outside of the continental U.S.,
call us collect at: 1.925.681.7600.
• If you call, we may also require you to put your request in writing and get it to us within 14 days
after you call. You may not call and cancel a transfer whose status is In Process or Processed.
• If you attempt to cancel a payment or transfer in accordance with the above instructions and we
do not do so, we will be liable for your losses or damages, subject to the limitations in Section
8.G below.

D. Transfer Fees for Transfers Outside of Bank of America Services

• Inbound transfers: There is no fee for transferring funds into your Bank of America personal
accounts through online banking, regardless of the delivery speed you choose.
• Outbound transfers:
• For Consumer Deposit Accounts: If you transfer funds to an account owned by you or
someone else at another financial institution, the following transfer fees will apply:
- 3-Business-Day transfers - $3
- Next-Business-Day transfers - $10
• For Small Business Deposit Accounts: If you transfer funds to an account owned by you
or someone else at another financial institution, the following transfer fees will apply:
- 3-Business-Day transfers - $1
- Next-Business-Day transfers - $5
• Same-Business Day domestic transfers - varies by region (The actual fee disclosure is on
the Transfers page.)
• International outbound transfers - varies by region (The actual fee disclosure is on the
Transfers page.) See Section 8.H below for additional information about fees applicable
to Remittance Transfers.

• Miscellaneous Fees: You will be charged $25 for each transfer trace that you ask us to execute for
you. International payments may be subject to additional fees charged by intermediary, receiving
and beneficiary banks. See Section 8.H below for additional information on Remittance Transfers.
• You may also move money within the U.S. without a transfer fee by using Email and Mobile
Transfers (described in Section 3.C above) or Bill Pay (described in Section 3.B above). The
Transfers Outside Bank of America Service is an alternative that allows you to transfer funds to
individuals or vendors when delivery of funds domestically by a specific date is critical or when
you are transferring funds outside the U.S.

E. Dollar Limits

• Inbound transfers to your personal accounts are subject to the following dollar limits:

3 Business Day Transfers Next Business Day Transfers


Inbound
Business Day $3,000 $2,000
In Process $3,000 $2,000
Monthly (rolling 30-day period) $6,000 $5,000

• You will not have specific limits for outbound transfers, but all Transfers Outside Bank of America
are subject to internal review by Bank of America based on to and from accounts, the amount of
the transaction, your relationship with Bank of America, a successful fraud screening and such
other factors that Bank of America may determine to apply from time to time. In the event we
determine that there are risks associated with a transfer or if we determine you are subject to a
"Disqualifying Event," as defined below, we may delay or cancel the transfer and notify you, or
direct you to contact us to provide additional details on the transfer before it is initiated or funds
are released.
• Any transfer initiated on a day that is not a business day begins processing on the following
business day and counts toward the applicable dollar limit for the next business day.

You must enroll in SafePass to transfer funds over certain dollar amounts, depending on your relationship
with Bank of America. After enrolling in SafePass, you will be required to enter your SafePass code each
time you're initiating a transfer over the specified dollar amount and when adding a new account. The code
will be sent to your mobile device or SafePass card. Learn more about SafePass.

F. Processing Transfers and Disqualifying Events


• A transfer remains "In Process" until fully processed and it will appear as "In Process" on your
Transfer Activity tab under Send Money To/From my accounts at other banks, or To someone else
using an account number, within Online Banking. Transfers remain "In Process" until the close of
business on the day the funds are scheduled to be credited to the receiving account.
• For inbound transfers, 3-Business-Day delivery speed is available to all consumer customers
participating in Transfers under Send Money To/From my accounts at other banks, or To someone
else using an account number, within Online Banking, but you agree we may cancel a transfer,
without prior notice, upon the occurrence of a "Disqualifying Event," as defined below. You must
be approved to make a Next-Business-Day inbound transfer. Next-Business-Day inbound transfers
are permitted only at our discretion, but you must have completed at least one 3-Business-Day
inbound transfer involving the same non-Bank of America account no less than 60 days prior to
the attempted Next-Business-Day inbound transfer. You may determine whether you have been
approved for Next-Business-Day inbound transfers by going to Transfers under Send Money
To/From my accounts at other banks, or To someone else using an account number within Online
Banking and selecting Make a Transfer, then verify if the Next Business Day option is available
once an account you own at another financial institution is selected. Once approved, you will
remain eligible for Next-Business-Day inbound transfers, as applicable, unless we provide you
with notice, as required by law.
• We may change your dollar limits at any time. Any decrease will be subject to notice, as required
by law, but you agree that we may reduce your limits below the amounts stated above or cancel
your transfers without prior notice upon occurrence of a Disqualifying Event.
• Each of the following is a "Disqualifying Event":
◦ Any of your deposit accounts with Bank of America are not current or are not in good
standing.
◦ Your funding account has been open for less than 24 hours.
◦ You have had an overdraft, an over-limit item, or an item returned for insufficient funds
with respect to any Bank of America deposit account during the current or 3 prior
calendar months.
◦ You have had any prior transfer canceled, revoked, or uncompleted due to insufficient
funds, revoked authorization, stopped payments, frozen accounts, or any similar reason.
• Bank of America will use best efforts to provide oral, written or electronic notice to you of
rejection of a transfer on the scheduled date of initiation of the transfer; provided, however, that
Bank of America shall not be liable to you for interest compensation for its failure to give such
notice.

G. Liability

The following applies to Same-Business Day Domestic transfers, and all Transfers Outside of
Bank of America from a business account. The liability for Three-Business Day domestic
transfers and Next-Business Day domestic transfers involving a transfer to or from a Bank of
America consumer account is described in Section 5 above. The liability for Remittance
Transfers is described in Section 8.H. below.
• By enrolling in online banking and accessing the Transfers Outside Bank of America Service using
your Online ID and passcode, you acknowledge and agree that this system includes security
procedures for transfers initiated through this Service that are commercially reasonable. You
agree to be bound by instructions, whether authorized or unauthorized, which we implement in
compliance with these procedures, unless you have given us prior notice of possible unauthorized
use of your passcode and we had a reasonable opportunity to act on such notice.
• If we fail or delay in making a transfer pursuant to your instructions, or if we make a transfer in
an erroneous amount that is less than the amount per your instructions, unless otherwise
required by law or as otherwise provided in this Agreement, our liability shall be limited to
interest on the amount that we failed to timely pay or transfer, calculated from the date on which
the payment or transfer was to be made until the date it was actually made or you canceled the
instructions. We may pay such interest either to you or the intended recipient of the transfer, but
in no event will we be liable to both parties, and our payment to either party will fully discharge
any obligation to the other. If we make a payment or transfer in an erroneous amount that
exceeds the amount per your instructions, or if we permit an unauthorized payment or transfer
after we have had a reasonable time to act on a notice from you of possible unauthorized use of
your passcode as described in this Section above, unless otherwise required by law or as
otherwise provided in this Agreement, our liability will be limited to a refund of the amount
erroneously paid or transferred, plus interest thereon from the date of the transfer to the date of
the refund, but in no event to exceed 60 days' interest. If we become liable to you for interest
compensation under this Agreement or applicable law, such interest shall be calculated based on
the average federal funds rate at the Federal Reserve Bank in the district where Bank of America
is headquartered for each day interest is due, computed on the basis of a 360-day year. Unless
otherwise required by law, in no event will Bank of America be liable to you for special,
indirect or consequential damages including, without limitation, loss or damage from
subsequent wrongful dishonor resulting from our acts or omissions or lost profits, even
if we are advised in advance of the possibility of such damages. We shall not be liable for
your attorney's fees, except as required by law.
• You expressly agree that Bank of America shall be liable to you only for our negligent
performance or non-performance of the services provided pursuant to the Transfers Outside Bank
of America Service, and that our responsibility shall be limited to the exercise of reasonable and
ordinary care. Unless otherwise required by law, Bank of America shall not be liable for any error
or delay on the part of any third party or for any other act or omission of any third party,
including without limitation third parties used by Bank of America in executing any payment order
relating to a transfer or performing a related act, and no such third party shall be deemed to be
our agent. Further, we shall not be liable to you or any third party for failure to execute any
transfer or perform a related act if such a failure is due to causes or conditions beyond our
reasonable control, including without limitation, strikes, riots, insurrection, war, military, or
national emergencies, acts of God, natural disasters, fire, outages of computers or associated
equipment, or failure of transportation or communication methods or power supplies. Except as
may be limited by applicable law, you agree to indemnify and hold Bank of America and
officers, directors, employees and representatives harmless (including payment of
reasonable attorney's fees) against any and all liability to third parties arising out of, or
in connection with, this Agreement, the Transfers Outside Bank of America Service or
any actions taken by Bank of America pursuant to your instructions.
• For each transfer, we will e-mail a confirmation to you at the e-mail address indicated in our
records. The confirmation will note the date and the amount of the transfer and the bank or
institution to or from which the transfer was made. You agree to examine the confirmation
promptly upon receipt and to notify us immediately of any discrepancy between the confirmation
and your records. Bank of America shall not be liable for interest compensation, as otherwise set
forth in this Agreement, unless Bank of America is notified of the discrepancy within 30 days from
the date of your receipt of the confirmation or your bank statement including the transfer,
whichever is earlier.
• You acknowledge and agree that if a payment order relating to a transfer describes a beneficiary
inconsistently by name and account number, payment might be made by the beneficiary's bank
on the basis of the account number, even if it identifies a person different from the named
beneficiary, and that your obligation to pay the transfer issued by you to us shall not be excused
by such payment.
• Bank of America may at its option accept your cancellations or amendments to a transfer. You
acknowledge that if Bank of America attempts to cancel or amend a transfer, then the reversal
request or amendment must be agreed to by each financial institution which has accepted a
payment order related to the transfer at issue before it will be acted upon and you further agree
that Bank of America shall have no liability if a cancellation or amendment is not completed. You
agree that you shall indemnify and hold Bank of America and officers, directors,
employees, and representatives harmless from and against any and all claims,
demands, losses, liabilities, and expenses, including attorney's fees and costs, resulting
directly or indirectly from compliance with your cancellation or amendment request.

H. Special Rules for Remittance Transfers

The following applies to Remittance Transfers.

• As described above, a Remittance Transfer is an electronic transfer of funds initiated by a


consumer primarily for personal, family or household purposes to a designated recipient in a
foreign country. Federal law provides certain rights and obligations related to Remittance
Transfers that may differ from rights and obligations that apply to other types of funds transfers,
including disclosure, cancellation and error resolution rights. Your rights with respect to
Remittance Transfers will be explained to you in a disclosure provided to you at the time you
initiate each Remittance Transfer.
• At the time you request a Remittance Transfer, but before your account is debited, you will be
shown a pre-payment disclosure that includes the following items in the currency in which the
transfer will be funded: (i) your requested transfer amount, (ii) any fees or taxes we impose, (iii)
the total amount of the transaction (which is the sum of (i) and (ii) above,) (iv) the exchange rate
we will use in the event you tell us that the receiving account is denominated in a foreign
currency and you identify such currency. In addition, if you identify the foreign currency in which
the transfer is to be received and we are required to disclose fees imposed by third parties, the
pre-payment disclosure will also include the following items in such foreign currency: (x) the
requested transfer amount, (y) the fees imposed by third parties in connection with the transfer,
and (z) the total amount to be received by the recipient (which is the difference between (x) and
(y) above.) Please note the recipient may receive less than the total amount disclosed due to
foreign taxes and fees charged by the recipient’s financial institution for receiving a Remittance
Transfer into an account, which are not required to be disclosed.
• Once you confirm your acceptance of the Remittance Transfer terms, you will be shown a receipt
which includes the items listed above and, in addition, (i) the date the funds will be available to
the recipient, (ii) information you provide that identifies the recipient, and (iii) a statement of
your rights in the event of an error or if you wish to cancel the transfer, as described below.
• Pre-payment disclosures and receipts may be printed directly in Transfers under the Transfer
Activity tab in Send Money To/From my accounts at other banks, or To someone else using an
account number, within Online Banking.
• You are hereby notified that in the event that you provide an incorrect account number
or institutional identifying number, and we are not able to recover the funds, you may
lose the amount of the payment order.

If you think there has been an error or problem with your Remittance Transfer:

Call us at 1.877.337.8357; or, from outside the U.S. call us collect at 302.781.6374.

You can also write to us at:

Bank of America, N.A.


PO Box 25118
Tampa, FL 33622-5118 or

Access www.bankofamerica.com/deposits/manage/faq-wire-transfers.

You must contact us within 180 days of the date we indicated to you that funds would be made available to
the recipient. When you do, please tell us:

1. Your name and address or telephone number;

2. The error or problem with the transfer, and why you believe it is an error or problem;

3. The name of the person receiving the funds, and if you know it, his or her telephone number or
address;
4. The dollar amount of the transfer; and
5. The confirmation code or number of the transaction.
We will determine whether an error occurred within 90 days after you contact us and we will correct any
error promptly. We will tell you the results within three business days after completing our investigation. If
we decide that there was no error, we will send you a written explanation. You may ask for copies of any
documents we used in our investigation.

What to do if you want to cancel a Remittance Transfer:

You have the right to cancel a Remittance Transfer and obtain a refund of all funds paid to us, including
any fees, within 30 minutes of your confirmation of the transfer. The best way to cancel a transfer is to
sign in to your account at www.bankofamerica.com and select Transfers>Send Money To Someone>Using
their account number at another bank to access the right transfers activity tab. Alternatively, you may call
us at 1.877.337.8357, Monday through Friday from 7:00 a.m. to 10:00 p.m., and Saturday and Sunday
from 8:00 a.m. to 5:00 p.m., local time. From outside the U.S., call us collect at 302.781.6374. When you
contact us, you must provide us with information to help us identify the transfer you wish to cancel,
including the amount and location where the funds were sent. We will refund your money within three
business days of your request to cancel a transfer as long as the funds have not already been picked up or
deposited into a recipient's account.

I. Additional Rules for International Outbound Transfers

• Once an international outbound transfer has been sent, or, in the case of Remittance Transfers,
after the 30 minute cancellation period has passed, you may request that a transfer be recalled,
and we will communicate your request to the beneficiary's bank. If the beneficiary's bank agrees to
return the funds to us, then upon confirmation of receipt of funds in our account, we will credit
your account at the current Bank of America retail buy rate for that currency that day (see below).
Please note that the exchange rate may be different from the original rate applicable to the
transfer, which may result in a loss to you. Furthermore, the beneficiary's bank may assess charges
for their services, which will be deducted from the amount returned to you. We will have no liability
to you if the beneficiary's bank or foreign beneficiary refuses your request to recall the
international wire transfer.
• If a transfer is returned by the receiving bank or beneficiary's bank for no fault of ours, we will
credit your account at the current Bank of America retail buy rate for the currency that day (see
below). Please note that the exchange rate will be different from the original rate applicable to the
transfer, which may result in a loss to you. Furthermore, a returning bank and/or beneficiary's bank
may assess charges for their services, which will be deducted from the amount returned to you.
• We may determine a currency exchange rate and assign it to your transaction without notice to
you. If we assign an exchange rate to your foreign exchange transaction, that exchange rate will be
determined by us in our sole discretion based upon such factors as we determine relevant,
including without limitation, market conditions, exchange rates charged by other parties, our
desired rate of return, market risk, credit risk and other market, economic and business factors.
You agree to this procedure and accept our determination of the currency exchange rate. Exchange
rates fluctuate, at times significantly, and you acknowledge and accept all risks that may result
from such fluctuations. You acknowledge that exchange rates for retail and commercial
transactions, and for transactions effected after regular business hours and on weekends, are
different from the exchange rates for large inter-bank transactions effected during the business day
as may be reported in The Wall Street Journal or elsewhere. Exchange rates offered by other
dealers, or shown at other sources (including online sources) may be different from the exchange
rates you are offered. The exchange rate you are offered may be different from, and likely inferior
to, the rate paid by us to acquire the underlying currency. We provide all-in pricing for exchange
rates. The price provided may include profit, fees, costs, charges or other mark ups as determined
by us in our sole discretion.
• In connection with our market making and other activities, we may engage in hedging, including
pre-hedging, to facilitate customer transactions and hedge the associated market risk. Such trading
may include trading ahead of order execution. These transactions will be designed to be reasonable
in relation to the risks associated with the potential transaction. These transactions may affect the
price of the underlying currency, and consequently, your cost or proceeds. You acknowledge that
we bear no liability for these potential price movements. When our pre-hedging and hedging
activity is completed at prices that are superior to the agreed upon execution price or benchmark,
we will keep the positive difference as a profit in connection with the transactions. You will have no
interest in any profits.
• We also may take proprietary positions in certain currencies. You should assume we have an
economic incentive to be a counterparty to any transaction with you. Again, you have no interest in
any profit associated with this activity.
• You acknowledge that the parties to these exchange rate transactions engaged in arm’s-length
negotiations. You are a customer and these transactions do not establish a principal/agent
relationship or any other relationship that may create a heightened duty for us.
• We do not accept any liability for our exchange rates. Any and all liability relating to this
information and the rates provided herein is disclaimed, including without limitation, direct,
indirect, or consequential loss, and any liability if our exchange rates are different from rates
offered or reported by third parties, or offered by us at a different time, at a different location, for
a different transaction amount, or involving a different payment media (including, but not limited to
bank notes, checks, wire transfers etc.) For Remittance Transfers, the exchange rate to be applied
to the transfer will be set forth in disclosures provided to you for the transfer in accordance with
federal law.

9. BankAmeriDeals®

BankAmeriDeals ("deals" or "cash back deals" or "offers") are provided pursuant to these terms and
conditions and any operating rules or policies that may be published by Bank of America (including its
Privacy Notice), as may be amended from time to time. BankAmeriDeals provide you with the opportunity
to earn cash back with deals based on your use of your eligible Bank of America accounts. To receive
deals, you’ll need to have a qualifying debit or credit card and meet the BankAmeriDeals eligibility criteria.
You’ll also need a U.S. address listed as your primary residence in your Online Banking profile, or have
entered a preferred ZIP code in BankAmeriDeals. Additionally, you’ll need to have a qualifying product with
a U.S. billing address. We try to match deals to the places you've shopped or to similar places that might
interest you. We do not share individually identifiable information with merchants as part of
BankAmeriDeals, and we offer you the opportunity to hide or opt out of receiving these cash back deals.
As always, we will only use personally identifiable information in accordance with our Online Privacy Notice
and U.S. Consumer Privacy Notice.

We reserve the right to amend, cancel, change, discontinue, or suspend BankAmeriDeals, in whole or in
part, at any time in our discretion with or without notice to you, and any such action shall be effective as
of the time we determine. However, in all instances, we will provide cash back in accordance with the
terms of this Section (BankAmeriDeals) for all deals redeemed prior to the action.

A. Redeeming BankAmeriDeals

In order to redeem a cash back deal you must first click on the deal to load it to your eligible Bank of
America credit and debit cards and then complete the transaction using one of those cards. The amount of
cash back and any specific terms and conditions related to a particular deal will be included in the deals
details. However, cash back will not be earned for any portion of your purchase that you pay for with store
credit, gift certificates or other payment types. Additionally, transactions must be made directly with the
merchant to earn the cash back; you may not receive cash back in connection with a deal if your
transaction is made using an electronic wallet where the identity of the merchant is not passed to us as
part of the transaction.

Cash back you earn will be posted into the account designated as your cash back account ("Designated
Account") on the Preferences tab in the Cash Back Deals section of Online Banking or under
BankAmeriDeals in Settings in the Mobile Banking App. You may change the Designated Account to
another eligible account at any time by clicking the Change account link in Online Banking or tapping the
Cash Back Account button in the Mobile Banking App. (An account will be auto-populated at random as
the default account to receive your BankAmeriDeals cash back unless you access the Preferences or
Settings tab and select another account. This could mean that cash back earned through use of a
business card might be deposited into your consumer account as the default, for example.)

Cash back from the BankAmeriDeals you redeem in a given month will appear as transaction(s) on the
Account Details page for your Designated Account and will appear in your Earnings Summary in the Mobile
Banking App. Your BankAmeriDeals cash back will typically be credited to your account within 30 days
after you redeem the deal. For example, any deals you redeem in the month of December should be
credited to your account by the end of January. Since we don't share your personal information with
merchants as part of BankAmeriDeals, we cannot post the cash back reward to your account immediately
at the time of purchase and there may be a delay for your cash back reward to show to be paid on the
Cash Back Deals Earned tab in Online Banking or in the Earnings Summary in the Mobile Banking App.
If you would like to see the BankAmeriDeals you have redeemed or the total value of the deals you have
redeemed to date, please visit the Earned tab in Online Banking or the Earnings Summary in the Mobile
Banking App.

Cash back posted to a credit card account will not be posted as a payment. It will be posted as a
statement credit and is not a substitute for a payment. You must continue to make your minimum monthly
payment shown on your billing statement.

Your Designated Account must be open in order to receive BankAmeriDeals cash payments. If your
Designated Account is closed but you have other open eligible cards/accounts, we reserve the right to
select an alternative Designated Account for you. You can go to the Preferences tab in Online Banking or
to BankAmeriDeals in Settings in the Mobile Banking App to update or change your Designated Account.
If all of your eligible cards/accounts are closed by you or us, you forfeit any BankAmeriDeals cash
payments that you have not yet been awarded.

B. Eligible Cards

Only Bank of America credit or debit cards associated with certain accounts are eligible for use with
BankAmeriDeals. ATM-only cards are not eligible for this Program. Only accounts linked to your unique
Online Banking ID will be listed as eligible accounts on the BankAmeriDeals Preference tab. Accounts that
are linked to two different Online Banking User ID profiles (such as jointly owned credit card accounts) will
be listed for both account holders' Online Banking profiles. Each joint owner of an eligible account will be
able to view deals in Online Banking. If you are an authorized user on a credit card account, and not a co-
owner, that credit card account will not appear as an eligible account under your Online Banking ID profile.
Please note: Some checking accounts may be listed under "Eligible cards," but if the account does not
have an associated debit card, it cannot be used in the Program, except to receive cash back. You must
make a purchase with an eligible debit or credit card to earn cash back from BankAmeriDeals.

Please visit the Cash Back Deals Preferences tab in Online Banking or the Eligible Credit/Debit Cards
button in BankAmeriDeals Settings in the Mobile Banking App to review the list of currently eligible cards.
Certain cards are not eligible for BankAmeriDeals. Bank customers with only the following card and
account types are not eligible to participate in BankAmeriDeals. This list is subject to change without prior
notice:

• ATM-only cards
• Credit Purchasing Card (P-Card), Travel/Corporate Card, Fleet Card
• Prepaid Payroll & Incentive Card
• All healthcare account products - HSA/FSA Health Reimbursement/Flexible Spending
• HELOC - Home Equity Line of Credit accounts
• Merrill Lynch CMA deferred debit cards
• AAA credit cards

C. Participating Retailers

When redeeming a BankAmeriDeal, please refer to the retailer's terms and conditions related to the
purchase, including but not limited to, guarantees, warranties, payment terms, shipping, delivery, taxes,
return policies and processing of returns. The retailers are solely responsible for the content and offerings
presented on their websites. We make no warranties and disclaim responsibility for fulfillment of the
transaction between you and a participating retailer and, we disclaim any responsibility for the policy
positions or business practices of any participating retailer. When redeeming your deals online, please
remember that the participating retailers operate their websites with different privacy practices.

All returns must be made through the retailer. We are not responsible for any returns, and all questions
about purchases or returns should be directed to the retailer.

D. Hiding or Opting Out of Receiving BankAmeriDeals

To hide BankAmeriDeals in your Online Banking Account Details list, you can click the Hide deals link at
the top of the Account Details page or go to the Hide/Show deals section on the Preferences tab and
select the Hide deals on my Account Details link. You will be able to view deals on the Cash Back Deals
section in Online Banking and on the Deals tab in the Mobile Banking App. To return to viewing deals in
your Accounts Details list, either click the ‘Show Deals’ link on the Account Details page or go to the
Hide/Show deals section on the Preferences tab and select the Show deals on my Account Details
link.

You can opt to stop receiving BankAmeriDeals. In Online Banking go to the Opt out of BankAmeriDeals
offers section on the Preferences tab and select the Opt out of BankAmeriDeals offers link. In the
mobile banking App go to Settings > BankAmeriDealsTM > Opt Out of Deals, and confirm that you do
want to stop receiving new deals. If you opt out, you will no longer be able to view deals in your accounts
details list on the Cash Back Deals page in Online Banking or on the Deals tab in the Mobile Banking App.
You will still be able to redeem any deals you have already loaded to your cards and continue to view your
redemption history. To opt back in to receiving BankAmeriDeals: in Online Banking, go to the Cash Back
Deals tab and click the Opt in to start receiving BankAmeriDeals link; in the Mobile Banking App, go
to Deals > Opt in to Deals.

10. My Portfolio Service (Not available through Mobile Banking Apps or Mobile Web)

A. Relationship to Other Agreements

You may use My Portfolio to access services offered by Bank of America, its affiliates, or third parties not
affiliated with Bank of America. You agree that when you use these services, you will be subject to any
terms and conditions established by those third parties, including Bank of America, its affiliates or
unaffiliated service providers, and that this Agreement does not amend any of those terms and conditions.
You agree that only the third parties are responsible for such services, and if you have any problems with
these third parties, you should contact them directly. Any service offered by Bank of America or any of its
affiliates will display the name of the Bank or the affiliate and the Bank of America logo on the webpage.

B. Description of My Portfolio

My Portfolio is a personal information management service that allows you to better manage your
information by consolidating it in one place. My Portfolio uses proprietary technology to allow you to
retrieve, view, and maintain information you have available at various web sites you designate, but all
within one convenient service. All of the accounts linked to your Access ID through Online Banking from
Bank of America are automatically added to My Portfolio.

You may add information about accounts accessible at other web sites that you maintain at other
institutions, including Merrill Lynch, Pierce, Fenner & Smith Incorporated. When you use My Portfolio to
access a third party web site you designate, you agree to the following: 1)You authorized Bank of America
and its providers to access the third party web sites and accounts you designate to retrieve account
information on your behalf, and you appoint us as your agent for this limited purpose. In addition, you
hereby grant Bank of America and its providers as your true and lawful attorney-in-fact, with full power of
substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to
access third party web sites, retrieve account information, and use your information, for the purpose of
accessing your accounts and operating My Portfolio, with full power and authority to do and perform each
and every act and thing requisite and necessary to be done in connection with such activities, as fully to all
intents and purposes as you might or could do in person. 2)You represent that you are a legal owner of the
accounts at third party web sites which you include in My Portfolio and that you have the authority to (i)
designate us as your agent, (ii) use My Portfolio and (iii) give us your passwords, usernames, and all other
information you provide. 3)YOU AGREE AND ACKNOWLEDGE THAT WHEN WE ACCESS AND RETRIEVE
INFORMATION FROM THE THIRD PARTY WEB SITE, WE ACT AS YOUR AGENTS, AND NOT THE AGENTS OR
ON BEHALF OF THE THIRD PARTY. 4)My Portfolio does not have the capability to initiate transactions
affecting your financial accounts or provide notices or instructions affecting such financial accounts. When
you access a third party web site through My Portfolio, you open a new browser window to directly connect
you to the third party web site and submit information you have designated to allow further access to that
site. Transactions and inquiries you initiate at such a site are not made through My Portfolio, and we have
no responsibility for such transactions. You are responsible for all fees charged by the third party in
connection with such transactions and accounts, and you agree to comply with the terms and conditions of
those accounts. If you have a dispute or question about any transaction on such site, you agree to direct
these to the account provider. 5)Third party web sites shall be entitled to rely on the above authorizations,
agency and power of attorney granted by you. 6)My Portfolio is not sponsored or endorsed by any
providers of the third party accounts you access through My Portfolio, except for affiliates of Bank of
America. 7)Balances shown on My Portfolio reflect the most recent refresh and may not be accurate if a
refresh was not successfully completed or the information obtained during the refresh from the third party
is otherwise not accurate or current. Data and information is provided for informational purposes only, and
is not intended for trading or transactional purposes. You agree that we are not liable for any errors or
delays in the content, or for any actions taken in reliance thereon. The services which you may be able to
access through My Portfolio are services of the listed institutions. My Portfolio provides links to selected
institutions for your convenience only. We do not endorse or recommend the services of any institution.
The third party institution you select is solely responsible for its services to you. We are not liable for any
damages or costs of any type arising out of or in any way connected with your use of the services of the
institution. 8)You may also add information into My Portfolio for accounts not available at other web sites
or which are not linked to My Portfolio. In such case, you are solely responsible for the accuracy of such
information.

C. Description of Real Estate Center

You may use the Real Estate Center feature in My Portfolio to add a home value estimate to the profile of
your assets and net worth. You may opt to have your home value estimate automatically generated and
updated. By electing to automatically update your home value estimate you agree to receive a computer-
generated estimate of the worth of the property provided by SmartZip Analytics, Inc., a third-party online
real estate service, and you authorize Bank of America and its service providers to access SmartZip
Analytics, Inc. and retrieve estimates on your behalf. You agree that this estimate is not an appraisal and
should not be used as a substitute for an appraisal, and that the actual value of the property may
vary. SmartZip Analytics, Inc. is not affiliated with Bank of America N.A. or any of its affiliates. Bank of
America and its service providers provide access to SmartZip Analytics, Inc. and estimates for your
convenience only and do not endorse or recommend SmartZip Analytics, Inc., the estimate or any other
services provided by SmartZip Analytics, Inc. and you agree that neither Bank of America nor its service
providers are responsible for the accuracy of the estimates or other information provided by SmartZip
Analytics, Inc. or liable for any damages or costs of any type arising out of or in any way connected with
your use of the estimate or other services provided by SmartZip Analytics, Inc. You agree that you will use
the SmartZip Analytics, Inc. services only for your personal use. If you elect to include the estimate in
your net worth summary, you acknowledge and agree that the net worth summary is calculated based on
information provided by you or third parties at your direction and that Bank of America makes no
representation as to the accuracy of the net worth summary. Data and information provided in the
Real Estate Center feature is for informational purposes only, and is not intended for
transactional purposes. You agree that we are not liable for any errors or delays in the content, or for
any actions taken in reliance thereon.

D. Provide Accurate Information

You represent and agree that all information you provide to us in connection with My Portfolio is accurate,
current and complete, and that you have the right to provide such information to us for the purpose of
operating My Portfolio. You agree to not misrepresent your identity or your account information. You agree
to keep your account information up to date and accurate.

E. Proprietary Rights

You are permitted to use content delivered to you through My Portfolio only on My Portfolio. You may not
copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse
engineer or reverse compile any of My Portfolio technology, including but not limited to, any Java applets
associated with My Portfolio.

F. User Conduct

You agree not to use My Portfolio or the content or information delivered through My Portfolio in any way
that would: (a) infringe any third-party copyright, patent, trademark, trade secret, or other proprietary
rights or rights of publicity or privacy; (b) be fraudulent or involve the sale of counterfeit or stolen items,
including but not limited to use of My Portfolio to impersonate another person or entity; (c) violate any
law, statute, ordinance or regulation (including without limitation those governing export control,
consumer protection, unfair competition, anti-discrimination or false advertising); (d) be false, misleading
or inaccurate; (e) create liability for Bank of America or its affiliates or cause us to lose (in whole or in
part) the services of our third-party provider; (f) be defamatory, trade libelous, unlawfully threatening or
unlawfully harassing; (g) may potentially be perceived as being obscene or pornographic or contain child
pornography, or racially, ethnically, or otherwise objectionable; (h) interfere with or disrupt computer
networks connected to My Portfolio; (i) interfere with or disrupt the use of My Portfolio by any other user;
(j) access the information and content manually by request and not programmatically by macro or other
automated means; or (k) use My Portfolio in such a manner as to gain unauthorized entry or access to the
computer systems.

G. Restriction on Commercial Use or Resale

You agree not to resell or make any commercial use of the services in My Portfolio.

H. Your Indemnification of the Bank

Notwithstanding the language in Section 5 of this Online Banking Services Agreement, when you use My
Portfolio, unless caused by our intentional misconduct or gross negligence, you agree to protect and fully
compensate Bank of America and our service providers and affiliates from any and all third party claims,
liability, damages, expenses and costs (including, but not limited to, reasonable attorney's fees) caused by
or arising from your use of My Portfolio, your violation of this Agreement or your infringement, or
infringement by any other user of your account, of any intellectual property or other right of anyone.

I. My Portfolio Service Limitations

We want to make your use of My Portfolio easy and productive, but we cannot always foresee or anticipate
technical or other difficulties. These difficulties may result in loss of data, personalization settings or other
My Portfolio interruptions. Notwithstanding the language in Section 5 of this Online Banking Services
Agreement, with respect to My Portfolio, we do not assume responsibility for the timeliness, deletion, mis-
delivery or failure to store any user data, communications or personalization settings.

J. Third Party Products and My Portfolio

You agree to exercise caution when browsing on the internet and to use good judgment and discretion
when obtaining or transmitting information or making purchases. From My Portfolio you may access or be
directed to sites containing information or material that may be offensive or inappropriate to some people.
We do not endorse and make no effort to review the content of these sites, nor are we responsible for
their validity, legality, copyright compliance, or decency of the content contained in these sites. We retain
the right (not the obligation) at our sole discretion to prevent access to any site from My Portfolio.

K. Privacy and My Portfolio

Bank of America has a commitment to keeping information about you secure and confidential. Our U.S.
Consumer Privacy Notice clearly states our promise to carefully manage information about you and your
relationship with our family of companies.

Through the My Portfolio service, you are able to aggregate information about your accounts from sources
other than Bank of America or its affiliates so that you may view them in one online location. Bank of
America will use this information to help optimize your personal use of this service, and to understand
what product or service offers may be most beneficial to you. This information is provided all the
protections outlined in our U.S. Consumer Privacy Notice.

In addition to these protections, you may at any time choose to limit our use of information aggregated on
My Portfolio from other institutions and accounts. You can select this option by going to the Set Your
Privacy Preferences page on our Privacy and Security website at www.bankofamerica.com.

For more information on our U.S. Consumer Privacy Notice, you can visit our Privacy and Security website
at www.bankofamerica.com/privacy.

L. Changes or Cancellation

Notwithstanding the language in Section 4 and 5 of this Online Banking Services Agreement, you may
cancel your participation in My Portfolio by calling us at 800.432.1000. We reserve the right to change or
cancel My Portfolio at any time without notice. We may also suspend your access to My Portfolio at
anytime without notice and for any reason, including but not limited to your non-use of My Portfolio. You
agree that we will not be liable to you or any third party for any modification or discontinuance of My
Portfolio.

M. Third Party Beneficiary

You agree that our providers may rely upon your authorization and grant of a limited power of attorney,
the disclaimer of warranties, and the limitation of liability in My Portfolio Sections 10.B and 10.H,
respectively, above, and such providers are, for the purposes of those sections, third party beneficiaries to
this agreement, with the power to enforce those provisions as applicable.

11. FICO® Score Program for Consumer Credit Card Customers

The FICO® Score Program is provided pursuant to these terms and conditions and the other applicable
terms and conditions of this Online Banking Service Agreement, as each may be amended from time to
time. The FICO® Score Program gives you the opportunity to view your FICO® Score 8 (“FICO® Score”)
credit score in Online Banking at no charge, along with two key factors affecting that particular FICO®
Score. FICO is a registered trademark of the Fair Isaac Corporation (“Fair Isaac”) in the United States and
other countries. This FICO® Score is solely determined by the information in your file at TransUnion (one
of the three major consumer reporting agencies) and is created using Fair Isaac’s proprietary model. Your
FICO® Score may vary from consumer reporting agency to consumer reporting agency and other lenders
may use scores from one or more of the other two major consumer reporting agencies. TransUnion and
Fair Isaac are third parties not affiliated with Bank of America and Bank of America makes no
representation or warranty related to the FICO® Score.

Bank of America is providing you access to your FICO® Score and related content only for educational
purposes and your personal, non-commercial use. Only Bank of America customers with an eligible
consumer credit card account (e.g., an open account with active charging privileges) may enroll in the
FICO® Score Program. Bank of America reserves the right to amend, cancel, change, discontinue, or
suspend the FICO® Score Program and/or your access to it, in whole or in part, at any time at Bank of
America's discretion with or without notice to you, and any such action shall be effective as of the time
Bank of America determines.

A. Enrollment in the FICO® Score Program


By enrolling in the FICO® Score Program, you authorize Bank of America to access your FICO® Scores that
Bank of America may already have based upon Bank of America's relationships with you and/or to obtain
your FICO® Score periodically from TransUnion. Once Bank of America obtains your FICO® Score it will be
available to you in Online Banking for your educational and non-commercial use. Viewing your FICO®
Score as a part of the FICO® Score Program will not negatively impact your score.

Your enrollment provides your authorization in writing for Bank of America to obtain your credit report
under the federal Fair Credit Reporting Act and other applicable law. If you choose to enroll in the
FICO® Score Program, please be aware that all of your Online IDs and individuals who have
access to your Online Banking profile will be able to view your FICO® Score. You can un-enroll at
any time by going to the Tools and Investing tab in Online Banking.

B. Email and Text Notifications

Bank of America will send you an email alert when you enroll in the FICO® Score Program, when Bank of
America posts your updated FICO® Score in Online Banking (typically once a month and for accounts in
good standing), and if you unenroll in the FICO® Score Program. Text messaging alerts will not be sent
automatically when Bank of America posts your FICO® Score, but you can enable them by adjusting your
alert settings in Online Banking. You may turn off the monthly FICO® Score email and text alert at any
time by changing your alert settings in Online Banking.

C. FICO® Score Display

You will be able to view up to a 12-month history of your FICO® Scores in Online Banking, starting when
you enroll and for each month up to 12 months. Additionally, you will see two key factors affecting your
most recent FICO® Score, except in limited circumstances where TransUnion does not provide Bank of
America with both key factors. Customers with newly opened credit card accounts may not see their first
FICO® Score in Online Banking for up to 60 days after enrollment. In certain circumstances, a FICO®
Score may not be available from TransUnion for various reasons, e.g., having a limited credit history. If
your Bank of America consumer credit card account(s) are closed by you or Bank of America, Bank of
America reserves the right to end your participation in the FICO® Score Program. You can unenroll at any
time by going to the Tools and Investing tab in Online Banking. If you opt out of the FICO® Score
Program, your FICO® Score and FICO® Score history will no longer be available for viewing in Online
Banking. If you decide to re-enroll, your FICO® Score history display in Online Banking will start anew and
you will not have access to view previous history through the FICO® Score Program.

D. Eligibility

Only Bank of America customers with an eligible consumer credit card account (e.g., an open account with
active charging privileges) and with a U.S. or U.S. territories address on their Online Banking profile may
enroll in the FICO® Score Program. Customers with jointly owned credit card accounts who have their own
Online ID will be able to view their own individual FICO® Score by logging into Online Banking with their
respective Online ID. If you are an authorized user on a credit card account, and are not an owner or a co-
owner of another consumer credit card account, then you are not eligible to participate in the FICO® Score
Program. Additionally, if Bank of America cancels the FICO® Score Program, you decide to unenroll, or you
become ineligible, for example due to a change in account status, your FICO® Score and past FICO®
Scores will not be viewable in Online Banking as part of the FICO® Score Program.

E. About TransUnion and FICO® Scores

TransUnion is one of three major consumer reporting agencies who provides consumer credit reports and
credit scores to businesses and consumers. FICO® Scores from TransUnion are useful information to help
you understand your credit profile. The FICO® Score based on TransUnion data is created using Fair
Isaac’s proprietary model and is solely determined by the information in your file at TransUnion at the time
your FICO® Score is calculated. Accounts not reported to or subsequently deleted from your file at
TransUnion may not be reflected in your FICO® Score. Your FICO® Score may vary from consumer
reporting agency to consumer reporting agency and other lenders may use scores from one or more of the
other two major consumer reporting agencies. TransUnion and Fair Isaac are third parties not affiliated
with Bank of America and Bank of America makes no representation or warranty related to the FICO®
Score.

F. Bank of America is Not a Credit Repair Organization

Bank of America and Fair Isaac are not credit repair organizations as defined under federal or state law,
including the Credit Repair Organizations Act. Bank of America and Fair Isaac do not provide “credit repair”
services or advice or assistance regarding "rebuilding" or "improving" your credit record, credit history or
credit rating. Bank of America provides your FICO® Score and content related to the FICO® Score Program
in Online Banking only for educational purposes and your non-commercial, personal use. Bank of America
can provide no further assistance regarding improving your credit score except for addressing any disputes
you may have regarding accounts you have with Bank of America.

FICO is a registered trademark of the Fair Isaac Corporation in the United States and other
countries.

12. Erica Terms

By enrolling in and using the Erica virtual assistant (as updated from time to time, "Erica"), or by
otherwise indicating your assent, you are agreeing to the following terms regarding Erica.

A. Description of Erica

Erica is a feature of our Mobile Banking app and may help you engage with certain Online Banking
functionalities in a voice or text-assisted manner. For instance, you may be able to obtain account
balances, initiate transfers, and pay bills. In the future, we may add new functionalities. You may enable or
disable certain Erica functions at any time in the "Profile & Settings" section.

B. Eligibility Requirements

You must be enrolled in Online Banking and use the Mobile Banking app to access Erica. Some or all of
Erica's capabilities may not be available for certain accounts or customers, or may not be available if your
accounts are in a status that are not available in Mobile Banking.

C. Privacy and Security

Any personal information that we collect through Erica will be governed by our U.S. Consumer Privacy
Notice and our Online Privacy Notice. For example, we may use Erica recordings and interactions to
improve the service, or use data to provide a more personalized experience, as described in Section D.

• To use Erica, you acknowledge that you will have to either speak aloud or write messages to Erica
and you will receive audio and text responses. To initiate an interaction with Erica, you may have
to tap an icon on the screen after logging into the Mobile Banking app. Once you initiate an
interaction with Erica, we will record and transcribe these interactions. You may want to consider
the times and places you use Erica. You should not share confidential or sensitive information,
like your social security number or PIN, with Erica. To confirm the accuracy of your interactions
with Erica, you can always retrieve your account details through Online Banking or the Mobile
Banking app.
• Once activated, Erica may respond to voices that are not yours. You acknowledge that once you
invoke the microphone in a session, Erica may capture, record, and transcribe other voices in
addition to yours, and may continue recording for a period of time (up to 15 seconds) after Erica
hears any statement to which a response can be made, unless you close Erica or sign out of the
Mobile Banking app. We will treat all voice interactions and transactions as though you authorized
them, and as though they are authorized interactions and transactions, even if another voice or
person initiated or completed them.
• You acknowledge that anyone who can access your accounts through the Mobile Banking app,
either through your passcode, fingerprint, or otherwise, could also access your accounts through
Erica. We will treat these interactions as though you authorized them, and as though they are
authorized interactions and transactions, even if another voice or person initiated or completed
them.
• At times, Erica may also provide suggestions, information and other insights to you or initiate
interactions with you, by text or by voice, before you initiate an interaction. Erica may review
your Bank of America banking activity and provide you with financial information and insights you
might find helpful about the management of your accounts and other financial issues. For
example, Erica may inform you of a credit card payment coming due. You may dismiss these
insights as they appear, and we may provide you the ability to manage your preferences to
receive these interactions from Erica.
• If you have enabled certain functions within Erica, you may receive insights or sensitive
information through push or text alerts, possibly even if your Mobile Banking app is closed.
Message and data rates from your mobile carrier may apply.
• You acknowledge that we may have to share your Erica interactions to comply with law, subpoena
or court order, and will do so in accordance with applicable law.

D. Erica's Interactions with You

Erica knows about your relationship with Bank of America and products and services you have with Bank of
America. Erica will communicate with you through voice and screen interactions. You are responsible for
reviewing the information that Erica displays on the screen and confirming that it accurately reflects your
requests or instructions. Please carefully execute and review interactions with Erica, as it is possible that
Erica may misunderstand you at times, may not have complete information related to your request, may
otherwise make a mistake in responding to you, or the technology may simply not work. Erica is only able
to take actions and offer suggestions, information and other insights based upon the current or historical
status of certain of your accounts with Bank of America, which may not reflect the full scope of your
financial situation. You can always confirm your account activity through the Mobile Banking app, Online
Banking, or your account statements, and we encourage you to do so.

E. Questions or Disputes

You may direct any questions or disputes regarding Erica, or any transactions performed or information
provided through Erica, in accordance with the Online Banking Services Agreement or any other applicable
agreement you may have with us or our affiliates, such as an applicable deposit or credit account
agreement. If there is any irreconcilable conflict between these Terms and any other agreement you have
with Bank of America, then these Terms will control solely with respect to Erica. Any capitalized terms that
are used, but not defined, in these Terms will have the meaning described elsewhere in the Online Banking
Services Agreement.

13. Additional Services (Not available through Mobile Banking Apps or Mobile Web, unless
otherwise noted)

The following addendum will apply if you register for or use any of these additional services.

Online Business Services Addendum

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